Using AI in Family Law: What Could Go Wrong?

From asking AI to recommend a restaurant or using AI to draft an email, one thing is clear, the use of AI in everyday life is fast becoming the norm.

In this article we explore the use of AI in family law and some of the potential pitfalls faced by relying too heavily upon it.

In family law the process of applying for a divorce was made much easier in 2022 following the launch of a new online portal. It is therefore easy to fall into the trap of believing that all family law applications are straightforward and do not require the advice of a solicitor.

The team at Venters often very often see clients who have started the application process themselves but quickly find that they become overwhelmed by the amount of work and attention that family law proceedings can require, particularly when it comes to financial arrangements and arrangements for children.

If you are managing the arrangements yourself and you need to appear in Court, but do not have legal representation, then you will be referred to as a Litigant in Person (LiP). As a Litigant in Person, you will be responsible for presenting your case to the court and produce all of the relevant documents that they require. Many people underestimate the pressure that this can put you under, particularly if your opponent does have legal representation.

As a LiP you would be forgiven for believing that you are saving money by producing your own documents, but this can often by outweighed by the application or statements being insufficient and rejected by the court, which could lead to applications being dismissed by the court.

We know that as a LiP you will also almost certainly be tempted to use AI to assist in drafting documents for the court in full belief that the contents of the documents will be correct, however, there are few things to bear in mind.

AI can definitely be helpful in the initial stages of your research and would certainly be able to assist with language translation for example, but using AI to draft legal documents does have its limitations.

• AI platforms are trained using historical data and are therefore they are continually learning, meaning that the risk of inaccuracies is very high and the content it gives you may not be based on the latest case law.
• AI is unable to understand the nuances of often complex family situations, situations that can affect the advice that you are given significantly. By using AI you risk being provided with a very limited response to something which can actually be a critical factor in the case.
• Family law cases often involve highly sensitive and personal information, and a solicitor is bound by the solicitors’ code of conduct to keep all of this information safe and secure. There are also very clear rules set by the Family Procedure Rules which do not permit disclosure of information from private proceedings, without permission from the court. An AI open search tool such as ChatGPT is not bound to keep data secure so by adding any personal and confidential information into the platform to give it more context is potentially putting you and your children at risk and potentially result in contempt of court.
• Family law disputes are emotional and overwhelming, and the issues discussed require empathy, compassion, and discretion. Solicitors follow strict ethical standards that are there to support you as the client. This emotional support can often outweigh the cost, and give you the reassurance that when you do get to court (if this is the route you take), then your submissions will have been expertly drafted.

We know that one of the main reasons people start court proceedings without seeking legal advice is because they are worried about money and legal fees. At Venters we offer a comprehensive set of packages, including a 2 hour self-help appointment, and we can discuss all of these with you during the initial call.

We can advise you on the best way to resolve the issues that you face, which may include out of court resolution such as mediation, or if court if the best route for you then we can advise on how the Court will approach your issue, and the likely arguments that will be put forward by the other side.

Your case is our priority so get in touch today.