This blog was not written by AI but it raises interesting questions both philosophical and practical.
Let’s look to the use cases of AI within the Family Law space, and then look further into what the implications of it will be.

Firstly, let’s begin by looking at how evidence is adduced in Family Law proceedings before the Courts. It used to be the case in many jurisdictions (though it remains the case in many to this day), that a party’s evidence in chief, being the main evidence that a party seeks to rely upon in their litigation, would be adduced by putting a party in a witness box and asking them broad and open ended questions that would give them an opportunity to explain their case in narrative form. The solicitors or counsel for the other side would then cross-examine that party on their evidence for the purposes of either causing doubt, or to demonstrate that their evidence was incorrect.

That is not the case within the Family Law jurisdiction anymore as evidence in chief is now given in the form of an Affidavit.

Often that Affidavit is written by a solicitor on the instructions of their client, carefully crafting their instructions to distil the essence of what they seek to convey and put it in an admissible form that would comply with the provisions of the Evidence Act.

Impact of AI on Affidavit Drafting

With the rise of AI, the basic parameters for drafting an Affidavit will change because the Large Language Models underpinning AI will be able to demonstrate not only logic and reasoning, but they will have the knowledge of the Evidence Act and the datasets of many Affidavits which are used to further train and refine those models.

Eventually, this will mean that self-represented parties will be able to generate their own Affidavits or clients will be able to generate draft versions of their material to provide to their solicitors. This will be a great way for clients to save money.

Challenges with AI-Generated Affidavits

But are you really saving money and are you really setting yourself up for success?

It is my argument that AI, whilst being an incredible technological advancement, can set you up to fail if you are not careful.

You can paint a Zebra white, but in the rain the stripes reappear.

You see, AI can only take you so far. When writing an Affidavit using AI, which a party will ultimately be cross examined on if the matter proceeds to Court, the holes in the evidence become increasingly clear.

Imagine you are in Court and you are cross examined by counsel for the other side, and they extract parts of your Affidavit and ask you questions about what you have said. If there are inconsistencies in your material, or if AI hallucinates and generates incorrect information, you run the risk of adverse findings as to your credibility or you lose the impact of the critical information that you otherwise wish to highlight.

AI doesn’t know your matter like your solicitor does, and even less than you do.

AI in Family Law Communication

Another aspect that could be of benefit or detriment, is where you ask AI to respond to messages from your former spouse. I think it’s a great tool to assess the tone, impact, and content of what you are saying by distilling it into a manner that will be more easily digested by the recipient. I think that it is fantastic that where once parties in an emotionally charged dispute would let their impulses or anger get the better of them, it will allow for more respectful conversations.

I would also argue that this is a space where we need to be careful because when there is no AI to guide your conversations, you could be lulled into a false sense of security and your unexpressed emotions could get the better of you.

While AI can assist in crafting more measured responses in emotionally charged situations, it’s crucial to remember that genuine human emotions and experiences are at the heart of family law matters. Over-reliance on AI-generated communications could potentially lead to a disconnect between parties, hindering real understanding and reconciliation.

Broader Impacts on AI in Family Law

Looking beyond communications and evidence preparation, AI is likely to impact other areas of family law practice:

  • AI-powered tools can quickly sift through vast amounts of legal precedents, helping lawyers identify relevant cases and statutes more efficiently. This could lead to more thorough and well-supported legal arguments, but may also reduce the need for junior lawyers traditionally tasked with this research.
  • By analyzing historical case data, AI could potentially predict outcomes of family law cases based on various factors. While this could help manage client expectations and inform settlement negotiations, it’s important to remember that each family situation is unique and not entirely reducible to data points.

Ethical and Practical Concerns

However, the integration of AI into family law raises several ethical and practical concerns:

  • Family law cases often involve sensitive personal information. The use of AI systems raises questions about data security and confidentiality.
  • AI systems can inadvertently perpetuate biases present in their training data. In family law, where cultural and societal norms play a significant role, this could lead to unfair outcomes if not carefully monitored.
  • Family law often deals with emotionally complex situations that require empathy, intuition, and nuanced understanding. While AI can assist in many tasks, it cannot replace the human judgment and compassion essential to this field.

AI And Relationships

Looking at relationships more broadly, AI is already influencing how people meet, interact, and maintain connections:

  • AI-powered matching algorithms are becoming increasingly sophisticated, potentially changing how people find partners.
  • AI chatbots and virtual assistants are being developed to offer relationship advice and support, which could change how people seek help for relationship issues.
  • As AI becomes more advanced, questions arise about the nature of intimacy and companionship. Will AI companions supplement or replace human relationships for some individuals?
  • AI tools could potentially analyze communication patterns between couples, offering insights into relationship dynamics. While this could be helpful, it also raises privacy concerns and questions about the quantification of human emotions.

The Human Touch – Ramsden Family Law

If you’re looking for that human touch (as the Boss, Bruce Springsteen put it), look no further to the team at Ramsden Family Law. Our team of experienced family lawyers are here to assist you. Please do not hesitate to contact the team today to schedule a consultation.

Written by Daniel Rod

Posted in: Latest News

September 25 2024