Do not hire AI as your lawyer

By Michelle M. Rozanski

Navigating a separation is draining on both the heart and the wallet. As the high cost of retaining counsel can be a deterrent, many self-represented litigants turn to AI chatbots for legal guidance. Although having fast and free answers at your fingertips may seem tempting, it is not worth the risk.

It is no secret that technology is advancing at an astonishing pace and has become an indispensable part of everyday life. AI can be a useful tool for tasks such as summarizing articles, simplifying complex sentences, or even organizing your grocery list. However, when does convenience become detrimental to one’s future?

To begin, let us discuss confidentiality. Family law matters are often emotional, volatile, uncertain, and overwhelming. It is understandable to seek immediate information and reassurance when questions arise. However, entering highly personal information into a public AI platform can create risks that many users do not fully appreciate. Unlike communication with your lawyer, information shared with AI tools is generally not protected by solicitor-client privilege. Details regarding your finances, parenting concerns, frustrations with your former spouse, litigation strategy, or even undisclosed assets may not remain private in the way you expect.

The next time you find yourself reaching for AI to disclose sensitive information, think twice. Do not allow the convenience of a quick chatbot prompt to jeopardize your legal matter.

Another issue is the notion of hiring AI as your lawyer. General tools such as ChatGPT and Gemini are not designed to reflect local court rules and procedures. Legal principles are constantly evolving, and these platforms can provide outdated, generic, or misleading answers that may not apply to your jurisdiction.

In addition to privacy concerns, generative AI can produce what are known as “hallucinations.” These are fabricated case law and legal authorities that appear convincing but do not exist. In 2024, a survey identified 224 “fake cases” cited in Canadian courts, with an additional 166 cases reported since 2025, including 40 in Ontario. This illustrates the growing number of litigants relying on AI chatbots to assist with legal research and document preparation.

Relying on fictitious cases can have serious consequences. It misleads judges, undermines the integrity of the justice system, and can damage a litigant’s credibility. In some cases, it may even result in significant personal and financial penalties.

As stated in a recent BC case,[1] “generative AI is still no substitute for the professional expertise that the justice system requires of lawyers. Competence in the selection and use of any technology tools, including those powered by AI, is critical. The integrity of the justice system requires no less.” Although this statement is directed toward lawyers, its message is equally relevant to self-represented litigants. Competence in the use of technology, particularly AI, is essential to preserving the integrity of the justice system.

It is important to highlight this issue not only to warn self-represented litigants of the risks AI can pose, but also to address the broader societal concerns that have contributed to this trend. Many individuals turn to AI because of limited legal knowledge, the rising costs of legal services, and the reality that they may not qualify for legal aid because their income is deemed “too high.” Governments must begin prioritizing equitable access to legal resources. Bringing this issue to the forefront may help explain why fabricated authorities are increasingly finding their way into courtrooms, as more people rely on generative AI to act as their lawyer.

If obtaining legal advice is financially challenging, there are safer alternatives. Family Law Information Centres, Legal Aid Ontario, the Law Society Referral Service, and Steps to Justice can provide valuable guidance without creating the same privacy concerns.

Family law proceedings often feel as though much of the process is outside of your control. Protecting your confidential information is one thing that remains firmly within it.