While it’s not an epidemic at our firm, it’s becoming more common for clients to email advising that a “colleague” has suggested a specific course of action on a legal matter. Spoiler alert: We know your colleague is an AI.
The colleague is usually incorrect on what the legal test is or the process required to obtain the end goal: this isn’t surprising to us, as AI isn’t set up to think creatively about a legal issue, research options that lead to more options, and ultimately conclude what works best for the specific client.
AI doesn’t consider the legal fees associated with its answer, it doesn’t weigh the business reputation aspect of a course of action, and it doesn’t ask for more information when the input is clearly not enough to give a proper answer. Also, AI doesn’t carry E&O insurance, which is something people should consider, given the bad legal advice it generally gives.
Whenever I get an email like this, my first course of action is to set up a call with the client. During the call, I explain the steps I have taken and factors I have considered in reaching my conclusion, and talk through the strategy with them. I don’t accuse them of using AI, but they eventually own up to it, and that’s ok.
My question to them after this “revelation” is always – Do you trust me as your lawyer? So far they have never said no and then they generally go on to confirm that they had not considered the limitations of AI when it comes to legal advice.
AI has its place: we use a legal-specific AI in the firm, and it’s great at certain tasks, such as timelines and document review; however, it’s not great at researching in the abstract. This is where my law school education and 34 years of experience practicing law make me the better party to trust with legal strategy.
If you find yourself turning to AI every time your lawyer provides you with an opinion, you need to ask: do I trust my lawyer? If you do, you’re likely better off using AI for something else, like recipes or maybe to plan a vacation with all the money you’re not spending on paying your lawyer to correct AI opinion.
Inga B. Andriessen, JD
Managing Lawyer