Technology and artificial intelligence in family law practice: Opportunities and challenges

The Information Commissioner’s Office defines Artificial Intelligence as “an umbrella term for a range of algorithm-based technologies that solve complex tasks by carrying out functions that previously required human thinking”.

According to the SRA’s Risk Outlook report, “three quarters of the largest solicitors’ firms were using AI” and “over 60% were exploring the the potential of new generative systems” at the end of 2022.

Global investment banking and investment management firm Goldman Sachs have said that 300 million jobs could be replaced by artificial intelligence. According to their analysis approximately 44% of tasks within the legal sector could potentially be automated.

Although artificial intelligence is rapidly advancing there are some aspects of family law that it simply cannot do such as:

• exercising professional judgement;
• understanding the emotional dynamics of cases;
• negotiating settlements;
• providing empathetic client advice;
• advocating before the court.

Instead of replacing lawyers, artificial intelligence may function as a tool that allows legal professionals to do their work more efficiently.

Artificial intelligence does not always provide reliable information. For parties representing themselves it may not be surprising that they might turn to ChatGPT to help them with their case.

However, this does not mean that legal professionals don’t try and do the same. In an extraordinary case from New York (MATA v Aviance, Inc. Case No. 22-ev-1461) two attorneys relied on legal authorities generated by ChatGPT in their court filings. The ability for programs such as ChatGPT to generate misinformation is a serious issue. Ultimately the cases relied on were not actually real and could not be found in any reputable legal database. A penalty of $5,000 was imposed by the court, both on the law firm and the individual attorneys themselves. The attorneys were also ordered to notify each of the judges that had been falsely identified as the author of the fake cases used.

Artificial intelligence can be a very useful tool when it comes to saving time and therefore saving costs for the client. Artificial intelligence tools can assist solicitors with task such as:

• summarising long documents;
• organising disclosure documentation;
• creating first drafts of letters;
• analysis of legal documents to suggest improvements, catch typos, correct citations and streamline sentences.

It is not only artificial intelligence that you need to be wary of. Document manipulation is something that is now easily accessible. There are programs out there that can easily manipulate and create documents, including:

• bank statements;
• text messages;
• manipulated audio recordings;
• property valuations.

Family lawyers are being urged not to accept information at face value. If your client is suspicious about a particular document, they may be right.

Ultimately, the role of a family lawyer is not going to disappear, it will simply evolve, probably sooner than most of us anticipate.

Whilst it is already clear that this fast-evolving technology creates great opportunities, it also presents considerable risk. As a firm, we are constantly striving to understand both sides of the coin; the opportunities and the risk. They key is not necessarily to “jump in” and adopt this technology too early without understanding the risks, but equally, not to leave it too late.