AI is everywhere these days but, as helpful as it may be, AI is not a substitute for a divorce attorney. There are several reasons why a divorcing client ought not rely solely on AI for legal advice:
- The Nuances of Divorce Law: Even though an AI algorithm can parrot back any statute, court rule or judicial opinion, it almost certainly cannot effectively recognize the applicable nuances attendant to the particular jurisdiction or the court in which a case is pending. Similarly, while AI might be able to draft a basic pleading or discovery request, it lacks the judgment to provide a nuanced response or to provide an important explanatory note in a discovery response or on a Case Information Statement.
- The Risks of Relying on AI: AI can certainly provide general information about divorce, but blind adherence to AI-generated information by an untrained person can lead to misapplication or misunderstandings about the litigant’s rights and obligations which could result in missteps that could prove detrimental in a divorce proceeding. Also, AI generally lacks the ability to anticipate, and avoid, potential pitfalls or mistakes. Furthermore, AI generally lacks the ability to engage in any kind of meaningful interactive dialogue.
- The Value of Human Judgment: At its very essence, every divorce is an intensely personal process. AI entirely lacks the ability to listen, empathize and, most importantly, strategize. It cannot help a divorcing litigant prioritize issues, or “read between the lines” or, most importantly, recognize issues and questions which the litigant may not have been able to articulate.
- The Value of Advocacy: Finally, even the most sophisticated AI program, which may be able to draft a set of papers, has no ability to take a deposition, appear in court to argue on behalf of litigant, or to cross-examine a witness at trial.
Yes, AI is ubiquitous, and when utilized in the hands of a trained legal professional, it can be a valuable tool. The matrimonial team at CLPH&K knows how to assess the power of AI to provide effective representation in every divorce proceeding.