Artificial Intelligence (AI) tools such as ChatGPT have become increasingly popular for finding information and drafting documents. However, if you are involved in family court proceedings, it is important to understand the risks of relying on AI for legal advice or to create court documents.
Legal Research
While AI-generated information can appear professional and convincing, open-source AI platforms are not capable of providing reliable legal research. Courts in England and Wales have already seen cases where lawyers and litigants have submitted fake case reports and non-existent legal authorities created by AI. If you do this it could mislead the court and potentially damage your case.
Confidentiality
Parents should also be aware of serious confidentiality issues. Family court proceedings are private, and court documents are subject to strict rules of confidentiality. Uploading court papers, witness statements, court bundles, or other confidential documents to an open-source AI platform will be treated by the court as you publishing them in the public domain. This may amount to a breach of the court’s confidentiality rules and could result in you being found to be in contempt of court.
Legal Privilege
There are further risks if you upload documents generated between you and your solicitor or barrister. Doing so may waive legal professional privilege, meaning confidential communications between you and your solicitor or barrister could potentially become accessible to the court and the other party.
AI can be a useful tool for general information, but it should never replace professional legal advice.
If you are involved in family court proceedings, always seek guidance from a qualified family lawyer before relying on AI-generated legal advice or uploading any court documents to online platforms.
For expert legal advice, contact us at office@citmchambers.co.uk or call us on 0117 214 1797.