Case Preparation and AI

There is a plethora of articles on lawyers, judges, and pro se litigants using artificial intelligence to draft legal documents that are consequently filed in court or issued by the court.

You might read that something "never should have been docketed" and that "a mistake" was made. One pro se litigant was fined $10,000 for using fake citations in a document submitted to court. And, a district attorney was sanctioned on account of using AI and coming up with made up citations.

In summary, using AI comes with a heavy burden of having to proofread and copyedit everything it says. And, if you choose not to carry out basic oversight of its product, then you are very likely to be met with consequences if anyone is awake on the other side.

For pro se litigants, those without an attorney, AI might sound especially intriguing because of its ability to generate simulacra. While many people are operating in a world of completely lost connections, we have not reached hyperreality yet.

So, if you are planning to use AI to draft a document for submission to an agency or court, be sure to understand 1) the basics of what the document AI created is attempting to say, 2) how to fact check what the AI-generated document says, and 3) whether you are not better off not relying on AI.

You could also find a lawyer. Just make sure they agree not to use AI to generate your documents.