In previous times, if a client who typically favored brief emails suddenly sent a lengthy message resembling a legal document, Ron Shulman would suspect external assistance. Now, the Toronto family lawyer inquires if clients utilized artificial intelligence (AI), with most acknowledging they have. Shulman’s firm frequently receives AI-generated messages, a trend he noticed in recent months. While AI can effectively condense information or organize notes, some clients are overly reliant on it, using it as a decision-making tool in their cases, which poses a significant challenge. AI’s lack of accuracy and tendency to align with the user can lead to problematic outcomes, Shulman noted.
The integration of AI into various aspects of daily life is increasingly evident in courtrooms and legal proceedings. Documents produced with platforms like ChatGPT have been presented in courts, tribunals, and boards in Canada and the U.S., sometimes resulting in legal repercussions due to inaccuracies or fabricated references. Instances of AI-generated content causing financial penalties and reputational harm are on the rise.
Courts and professional bodies in various provinces have issued guidelines on AI usage, with some mandating disclosure of AI utilization in legal submissions. While AI can be a beneficial tool when used appropriately, misuse can lead to privacy breaches, communication challenges, erosion of trust, and increased legal expenses.
Ksenia Tchern McCallum, a Toronto immigration lawyer, has observed a growing trend of clients relying on AI for research or application preparation, sometimes questioning her expertise. Although AI can provide general information, McCallum emphasizes the importance of legal experience in navigating complex processes effectively.
Efforts are being made to educate individuals on responsible AI use, with organizations like the National Self-Represented Litigants Project offering guidance through webinars. While AI has the potential to enhance access to justice, ensuring responsible usage is crucial due to the current lack of reliability in publicly available AI tools.
Law firms are increasingly incorporating AI to remain competitive, but human oversight and adherence to legal standards are essential to mitigate risks associated with AI-generated content. Ultimately, AI serves as a valuable tool but cannot replace human judgment and ethical considerations in legal matters.