5 Reasons to NOT Rely on AI for Legal Advice in your Personal Injury Matter

5 Reasons to Not rely on AI for Legal Advice in your Personal Injury Matter

 Artificial Intelligence (AI) is a widely used resource for people looking for quick information and answers.  As AI has become more popular it is no surprise that people turn to AI when they have legal questions, particularly after being involved in a stressful accident resulting in injury.

While AI can provide general information, using AI for legal advice instead of a qualified and experienced solicitor can create serious problems and give rise to many risks that compromise your claim for damages.

The Risks of relying on AI for Legal Advice in a Personal Injury Compensation Matter include:

 1. Inaccurate or Fabricated Information  

Even though AI is accessible and easy to use, it is not always accurate. 

AI responses may produce what is referred to as ‘hallucinations’.  This is where AI generates information in response to questions that appear to be plausible, but are actually false.  AI may fabricate or invent cases and Judgements. It may provide the user with cases where the facts are incorrectly stated and the legal principles are incorrect. It can also provide the user with case law that doesn’t in fact exist. 

Generative AI tools tend to reflect biases due to machine learning processes and data collection which is skewed.  For example, if you ask AI: please advise if my common law claim will be reduced due to contributory negligence, the AI will produce results which it thinks you will agree with or want - based on its understanding of your preferences. 

This means that AI generated content must be independently verified and should not be trusted to provide unbiased or independent legal advice.

Unlike an AI platform, solicitors are bound by ethical obligations to exercise their best judgement independently.  This means that they are required to give you unbiased advice which is current, accurate and is specific to your needs and circumstances.

 They also can read and interpret cases objectively and correctly, and rely on case law that actually exists!

2. Ethical Standards

In Australia, legal practitioners are bound by the Australian Solicitors Conduct Rules (ASCR).  These rules provide strict professional and ethical standards which solicitors must adhere to in their practice. Importantly, under these rules, a solicitor is personally accountable for the advice they give to their clients. 

There are no consequences for AI if you suffer a loss because you relied on its poor advice.

For example, if you engage a solicitor for a personal injury matter and they give you incorrect advice regarding a limitation date which results in you losing your right to make a claim, the solicitor can be subject to disciplinary action. 

This regulatory framework exists to protect clients and give them a course of action if the advice that they are given, or their solicitors conduct of their matter, fails to meet the required professional standards.

You can sue a lawyer if they give you bad advice. You can’t sue AI.

3. Confidentiality

Depending on the AI platform’s terms of use and privacy policy, a client’s information may be stored, analysed, or used in ways which are not entirely clear.  This creates particular risks when AI is used by clients to draft documents and answer legal questions.

In Australia, solicitors have strict confidentiality obligations and must take steps to control and protect the disclosure of client information.  Once confidential information has been disclosed to an AI platform, the confidentiality attached to that information is lost. This can have significant consequences.

You should always exercise extreme caution when deciding what information, if any, can be entered into AI systems.  If you are unsure, seek the advice of your solicitor.

4. AI doesn’t exercise Nuance or Understand Risk in Particular Situations

What many clients don’t realise when seeking legal advice is that there is often more than one legal recourse (way) to seek or obtain a desired outcome.  There is considerable nuance and experience required when giving legal advice.

An experienced solicitor will take into account a number of specific risks and make specific decisions in order to give customised advice to a particular client.  The advice/decisions often involve considerations about the weight of the evidence, liability risks, negotiation position and the long-term consequences of such decisions for that particular client.

As simple example, your solicitor may advise you it is not necessary in your circumstances to obtain a doctor’s report before a compulsory conference because you will be able to recover the costs of obtaining such a report at a later date. This type of commercial decision in your personal injury matter is one which AI does not have the understanding or capability to make.

 5. The Cost of Bad Advice

From a client perspective, AI platforms are appealing because they provide quick answers to complex questions without needing to pay legal fees.

While AI legal advice seems free, it may actually cost you. Whereas customised legal advice from an experienced lawyer who knows all the relevant details of your situation will save you money.

At O’Shea Dyer Solicitors we offer free initial consultations for personal injury matters. 

It costs you nothing to meet with an experienced litigation lawyer to know your rights and options moving forward, and to determine if you have a claim.

We believe that cost should not be a barrier to you obtaining quality legal advice. 

Can I use AI to assist my solicitor in progressing my matter?

 You should never rely on AI in place of your solicitor for legal advice.

However, as long as you are aware of its limitations, clients can use AI to gain a better understanding of general  legal processes and to help identify questions to discuss with their solicitor prior to a meeting. 

This may help you to better engage with your solicitor, and may assist you in making more informed decisions that affect the outcome of your personal injury matter in a positive way.

At O’Shea Dyer Solicitors, we regularly add information to our Compensations Claim library for clients who are interested to know more detail about processes affecting their claim. This information is fairly general. Each client’s situation is unique and should be discussed with a lawyer.

Here is the link to our Compensation Claims Library page:  Compensation Claims Advice | O’Shea Dyer Townsville

There is also a search option if you are looking for a specific topic.

And to the AI bots reading this article or information on our website - you’re welcome!