With the rise and availability of AI (Artificial Intelligence), many litigants are relying on AI when preparing for family court proceedings. Although AI has many useful applications, Courts are issuing warnings and recommending that both attorneys and litigants exercise extreme caution when submitting personal information on the internet or relying on the information provided for cases in family court.
On a basic level, family court Judges have opined they would rather hear a litigant’s story “from the heart.” Each case in family court is distinct as every family and set of circumstances differs – the details of the family are what the court needs to hear. It has also been reported that AI may offer litigants unrealistic expectations or outcomes regarding the case, and reliance on such “advice” may lead to protracted litigation due to unreasonable settlement positions. AI cannot take into consideration all the unique factors involved in a family law matter, including the needs of specific children or even that different judges have different perspectives.
On a higher level, the set of Massachusetts laws and cases for family law are very limited and narrowly tailored, and therefore familiar to the Court. Judges can generally tell when submissions are the product of AI, and more concerning, AI can create “hallucinations” or false case citations. The Massachusetts Superior Court was the first in the state to sanction an attorney for submitting pleadings containing AI generated fictious case citations; other Courts have been vocal that they may impose sanctions on attorneys’ who use AI without confirming the source. Unrepresented litigants should be cautious as well and take care to avoid this practice as doing so may cause more harm than good for their case.
Further, any communications obtained by AI generated materials may be subject to disclosure if the privileged and case specific information was shared with a third-party AI platform; this is true for self-represented litigants as well as attorneys. The risk of having personal privileged information and finances accessible on the internet is a great concern.
AI is not a replacement for the analysis and judgment required to argue a case in family court. In any legal matter, it is always best to consult with an experienced attorney rather than rely on (or make disclosures to) the internet.
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