Artificial Intelligence is everywhere and being discussed by everyone it seems. But, what is AI? By definition, it is a field of computer science that is focusing on creating intelligence systems; AI is making computers capable of performing tasks that require human intelligence. We have been using computers for decades, but the introduction of AI means that devices and applications are being “taught” or “trained” to think, expanding their use as tools.
To say that AI is a powerful tool is an understatement. AI is making computers/apps perform tasks that humans can do by thinking, aka intelligence exhibited by machines. It is permeating all walks of life and work. ChatGPT is currently being touted as the fastest growing app of all time. It is a language model created to converse with the app user. Further still, apps like
Midjourney can generate text and produce images.
But, technology is no stranger to us. It has been helping families at home for years. Alexa can be the most important voice and force in the home. Folks are watching their homes on their ring cameras. New parents use technology tools as they navigate how to handle a newborn’s feeding schedules, predict when a diaper change is needed, what growth milestones to track, etc.
AI analyzes complex data, identifies patterns, and formulates decisions based on the information that has been gathered and inputted. It’s also performing tasks that otherwise would require human intelligence. AI has been a big help around the house and with family and, of course, it can continue to help that family even once they separate.
Divorce and AI
AI can assist a family as they move through separation and divorce. Tech and legal leaders are predicting that many divorcing couples could use a program to draft a separation agreement and in result reduce legal fees. These programs would likely ask questions about assets, children, co-parenting styles, income, debts, and other related questions.
These programs would work much like an income tax software. AI could process all the data and render a proposal. This proposal would be based on data and no emotional factors, processing and analyzing data at super speeds.
For family law attorneys, the use of AI products may help review complicated financial records, noting when spending by one spouse could cause some concerns. AI products can reduce the amount of time that a lawyer and his staff may need to give to a project. Courtrooms are already allowing and displaying AI generated graphics and exhibits, using apps like DALL-E 2 to create convincing looking graphics that may be hard to separate from reality. Many lawyers have been using AI-type products for file storage and legal research.
What are the disadvantages of AI?
The lack of emotional considerations is one of the biggest drawbacks of trying to replace lawyers with AI. There is no emotional support from AI. Lawyers are still the ones negotiating, arguing, appearing in court, and oral advocacy – not AI bots. With AI, there is no high quality judgment nor decision making, no consideration for extenuating circumstances, and no recommendations outside of what has already been programmed.
This ultimately means that AI doesn’t have your best interest in mind. You can tell it you want it to draw up a common 50/50 custody agreement but, since every case is different, you have no way of knowing if that agreement is a fair fit for you specifically. Is it mandating you pick up your child from practice every other day even though you work past the time they get out? Does the agreement say you should pay equal amounts for your child’s health and schooling even though their other parent makes twice as much as you? What about uncommon but totally possible happenstances like if you need to move out of state to be closer to family in the future?
A lawyer knows to think about and ask about these contingencies. AI is only going to be as smart as the data entered and accessed. This can also lead to another problem. Many programs are pulling their results data from resources all over the world. Family law is very state specific, so there is a concern that AI results may include data from other jurisdictions where the laws might be different. Unless you know the many laws for your state and can proofread the agreement properly, you have no way of knowing if what the AI says is accurate for your state.
Even without these issues, there are just some cases where AI cannot assist. An AI divorce is never going to work in a relationship where there has been emotional and physical abuse, high tensions, and animosity. For a couple to agree to use this type of collaborative tool for settlement resolution, they have to already be on the same page, so to speak, and are in agreement on most of the terms. For couples who can’t agree or are in high conflict, a decision needs to be made with the help of a human third party who has the ability to discuss the hows and whys of the agreement with them, whether that be a mediator or a judge.
Where does AI shine?
There are AI programs that assist in uncovering hidden assets, sources of income, and spending patterns. The collection of this type of data can be very helpful in the division of assets and equitable distribution. Some programs in use can review documents for discrepancies, interpret legal language, and perform risk management. But, there are also some programs/apps developed that have already been stopped and scrapped.
Another concern is that family law AI products will require the uploading of sensitive private and legal data, which may in turn cause concerns for the security and privacy of this confidential client information.
The AI world is ever changing and developing. It is likely here to stay. Who knows what the final products will look like, but we will stay on watch. For now, it’s a useful tool you can use to aid in your divorce, but as far as having it determine our divorces for us overall, you probably don’t want to fire your attorney just yet.
