Using Artificial Intelligence (AI): Important Things Clients Should Know

 

Artificial intelligence (AI) tools are becoming increasingly popular and are often used to answer everyday questions. While these tools can be useful for general information, there are important risks and limitations to be aware of when using AI for legal questions.

 

Risk to Solicitor-Client Privilege and Confidentiality

Unlike conversations with your lawyer, most public AI tools are not confidential and are not protected by solicitor-client privilege. Information entered into AI software may be stored, reused, or processed outside of Canada. Sharing personal, financial, or legal details with an AI tool can put your privacy at risk, and may even result in a loss of confidentiality or privilege.

 

Privacy and Data Concerns

AI tools are generally not designed to meet the privacy and security standards required for legal advice. Once information is entered, you may have little control over how it is stored, reused, or disclosed. For this reason, AI users should avoid inputting identifying details, specific facts about ongoing or potential legal matters, or copies of documents, contracts, or correspondence into AI tools. Any information shares should be carefully anonymized and redacted.

 

Accuracy and Jurisdictional Limitations

AI does not always get the law right. It can provide outdated or incomplete information, misstate the law, fail to reflect recent legal changes, apply rules from the wrong jurisdiction, or miss important exceptions. Laws vary widely depending on where you live and on the specific facts of your situation, and AI cannot reliably account for these differences, even if you ask it to answer based on your jurisdiction or other key factors you think are important.

 

AI Responses Can Be Easily Skewed

AI tools tend to generate responses that appear helpful or favourable based on the way a question is phrased. As a result, the same issue can receive very different answers depending on wording. Important risks or exceptions may be omitted, and responses may sound confident and convincing even when incomplete or incorrect. AI does not assess your legal position objectively or in your best interests; it simply responds to patterns in the data.

 

AI Is Not a Substitute For Legal Advice

While AI can be a helpful starting point for general understanding it cannot assess your specific legal risks, protect your confidential information, advocate on your behalf, or replace advice from a lawyer who understands your circumstances. Only a qualified lawyer can provide advice that is accurate, confidential, and tailored to your situation.

 

Our Recommendation

Technology can be a useful tool, but when it comes to legal questions, personalized advice and confidentiality matter.  If you have a legal question or concern, the safest approach is to speak directly with a lawyer. Doing so ensures your information remains confidential and that the advice you receive is accurate, current, and tailored to your specific circumstances.

 

If you have questions about the use of AI and how it may affect your legal matter, or would like to discuss your legal needs, our team at CARREL+Partners LLP is here to help guide you every step of the way. Get in touch today to discuss your situation.

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Disclaimer:

This publication is for general information purposes and is not to be taken as legal advice. The information within is current only to the date of publishing. If you have any questions regarding article content, please contact the author(s) directly.