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When something goes wrong, your first instinct is to figure out what has gone wrong and what you can do about it. For decades now, the internet has been the first source for those answers. Browsers and search engines make it easy to type in a set of terms, or even a question, and get an answer. AI chatbots like ChatGPT or Google’s Gemini take that process a step further. Now, you can ask an AI and get back something that sounds like a confident, well-informed, complete answer.
But think twice before you seek legal guidance from a generative AI tool. That choice comes with some dangers you need to be aware of.
AI Instead of an Attorney
You might think you can resolve your legal issues on your own, without the expense of an attorney, with the support of AI. And for some very simple issues, that may be true. But too often, AI can lead you astray and in some cases, following that advice can undermine your case entirely.
Laws may be very different across different jurisdictions. For instance, employment law (aside from some federal discrimination laws) are largely determined by states, and family law issues—though largely determined by the states—may be approached differently even across counties within the same state. What looks like sound legal advice from an AI may have been drawn from a source that does not take into account law in your particular jurisdiction. Or it may have come from an outdated source, as laws can change frequently.
If you act on the wrong information, you may make statements or take actions that affect your case in ways that are difficult—or impossible—to undo.
AI While Working with an Attorney
You might think researching your legal issues using AI is, at worst, harmless and at best smart preparation before reaching out to an attorney. But AI presents specific perils, even beyond those presented by incorrect information, in the context of an attorney-client relationship.
To represent you effectively, your attorney needs to know everything about the case—especially the parts of it that work against you. You can share everything with your attorney, without fear of compromising your case, because the attorney-client relationship is confidential. Nothing you tell your attorney in confidence can be demanded by the other party. Emails, in-person and phone conversations, and material created specifically in the context of your case are all protected by law.
But your conversations with an AI bot are not protected. As soon as you give information to an AI chatbot, that information is no longer protected by the attorney-client privilege. In a recent federal court case, the judge held that AI chats are discoverable—in other words, you have to give them to the other side if asked.
Those chats could reveal more than just the information they contain. Documents you upload, questions you ask, or your responses to the AI’s results could reveal your legal strategy. Or, they could undermine the strategy your attorney has developed. Neither is good for your case.
So, What Can You Do?
The temptation to ask an AI chatbot what to do with your legal matters is very real, and understandably strong. But that chatbot will not have your best interests at heart, nor will it have the in-depth understanding of your case and your needs that your attorney will develop.
General searches on Google or a similar search engine seeking information about how the law works are unlikely to get you into trouble. Blogs and other resources created by law firms (including Miller Law Group) can help you get a sense of the law likely to govern your case.
And Miller Law Group, like many law firms, offers free consultations for personal injury, whistleblower, and some employment cases.
Your best bet if you think you have a case? Talk to an attorney!