Category: News

Why artificial intelligence is a powerful legal tool, but not a substitute for experienced counsel

Ask an artificial-intelligence program a legal question and, within seconds, it can produce an impressively written answer. It may identify statutes, discuss court decisions and even draft a contract, will or legal brief.

The answer may be correct. It may be partly correct. It may also be completely wrong while sounding authoritative.

That is both the promise and the danger of generative AI. It is an extraordinarily useful tool, but it is not a lawyer. It does not understand your objectives, owe you professional duties or accept responsibility when its answer is wrong.

AI Can Sound Right When It Is Wrong

Programs such as ChatGPT generate answers by identifying patterns and predicting likely language. A general-purpose AI model is not inherently a verified legal database, and polished writing should not be confused with researched legal advice.

AI can invent cases, misquote opinions, apply an outdated statute or overlook a rule that controls in Pennsylvania. These errors are often called hallucinations. Connecting AI to reliable legal sources can reduce that risk, but human verification remains essential.

Your Facts Change the Answer

Legal questions rarely turn on one rule. An experienced attorney considers the facts provided, the facts omitted and the questions that have not yet been asked.

A few words in a deed, insurance policy, medical record, contract or will can change the analysis. A date may determine whether a claim survives. The identity of a beneficiary, the location of property or the organization of a business may create consequences a client did not know to mention.

AI generally responds to the information it receives. It may not recognize that the most important fact is missing. An attorney interviews the client, tests assumptions, identifies competing interpretations and considers how an opposing party, insurer, agency or judge may respond.

Legal Work Requires Judgment

Legal work involves more than finding a rule. Lawyers apply judgment to incomplete facts, conflicting evidence, uncertain outcomes and real human objectives. They must also understand local practice, procedural requirements and the practical effect of each available option.

No Duty, No Privilege and No Accountability

A licensed attorney owes duties of competence, loyalty, confidentiality and candor. Lawyers must protect client information, identify conflicts and stand behind their advice. Courts and professional-conduct rules regulate that work. An AI chatbot owes none of those duties.

Information entered into an AI system should not automatically be assumed confidential or protected by attorney-client privilege. Protection depends on the product, its settings, contractual terms and how it is used.

When AI is wrong, it cannot appear in court, explain its advice or accept professional responsibility for the consequences.

Courts Have Seen the Risk

Courts across the country have imposed consequences for inaccurate AI-generated filings. Judges have rejected or stricken documents, imposed sanctions and required lawyers to answer for defective material.

We have also seen individuals use AI while attempting to represent themselves, only to have courts reject their documents because they were incomplete, procedurally improper or legally incorrect.

Pennsylvania and American Bar Association ethics guidance requires lawyers using AI to verify accuracy, protect confidentiality and exercise independent professional judgment.

How We Use AI Responsibly

At Distasio, Kowalski & Yelen, we recognize both the capabilities and limitations of emerging technology. Used properly, AI can help organize large volumes of information, build timelines, compare documents, identify inconsistencies, summarize records and create useful preliminary drafts.

Those capabilities can make legal work faster and more efficient. They allow an attorney to spend less time on repetitive tasks and more time analyzing strategy, communicating with the client, negotiating and preparing the case.

Speed has value only when the work remains accurate. AI-generated material must be checked against the evidence, governing law and client’s objectives. Authorities must be located and read. Quotations must be verified. Confidential information must be protected. The attorney remains responsible for the final advice and every important decision.

Technology Enhances Experience

AI cannot recreate decades spent evaluating cases, advising families, negotiating with insurers, counseling businesses and appearing before courts. It does not know the credibility of a witness, the tendencies of a local tribunal or when an available option will not serve the client’s real interests.

AI Questions Extend Beyond Legal Documents

AI creates legal questions beyond document preparation. Businesses and professionals must decide how employees may use it, what data may be entered, who owns AI-assisted work and what review or disclosure is required.

Responsible adoption may call for policies, vendor review, confidentiality safeguards and human review. AI can affect employment, advertising, intellectual property, professional services and litigation.

The Right Balance: Technology and Experience

AI can explain terminology, organize thoughts and help prepare questions. It should not be trusted alone to protect legal rights, plan an estate, evaluate a claim or interpret an important contract.

Experienced lawyers can use AI intelligently while providing what technology cannot: judgment, accountability, advocacy and personal counsel.

About Distasio, Kowalski & Yelen, LLC

DKY represents individuals, families and businesses across a broad range of legal matters, including medical malpractice, personal injury, wills, trusts and estates. Our extensive daily experience with multiple AI platforms positions us to use these tools effectively for our clients and, when appropriate, to consult with other attorneys on their cases.