By Amy Soong, Legal Practice Director of Ashworth Lawyers
Artificial intelligence (AI) is now part of everyday life. Many people use tools such as ChatGPT to research legal issues, understand legal processes or help prepare documents.
While AI can be a useful starting point, it is not a substitute for legal advice. If you are involved in a legal dispute, court proceeding or police investigation, using AI incorrectly may create unexpected risks affecting confidentiality, privacy, evidence and your case.
Before using AI in connection with a legal matter, there are several issues you should consider
AI can help you understand the legal process, but it cannot provide legal advice
AI can be useful for explaining legal concepts and providing general information. However, it cannot properly assess the facts of your situation, weigh evidence, identify risks or provide advice tailored to your circumstances. It may also misunderstand your question, rely on outdated information or refer to laws that do not apply in Queensland.
AI systems are also known to generate information that is inaccurate or entirely fabricated. Unlike a legal database, AI does not independently verify the accuracy of its responses and can sometimes produce convincing but incorrect answers, including references to legislation or court decisions that do not exist.
People may ask AI questions such as "Will I go to jail?" or "What penalty will I receive?". AI cannot reliably answer these questions because every legal matter depends on its particular facts, evidence, applicable law and the court's assessment of the case.
If you need advice about your specific circumstances, you should seek advice from a lawyer rather than relying on AI.
Think carefully before uploading documents
Many people now upload contracts, correspondence or court documents into AI platforms to ask questions or request summaries.
Before doing so, consider whether those documents contain confidential or sensitive information.
Particular care should be taken where information is subject to a suppression order or other confidentiality obligations. Uploading information into an AI platform may create a risk of inadvertently disclosing information that should not be shared.
Depending on the platform and its privacy settings, information uploaded to AI may be stored or processed by third parties, even after it has been deleted.
If your matter is before a court or tribunal, or you have received legal advice, you should speak with your lawyer before uploading documents into an AI platform.
Do not rely on AI to prepare your evidence
Some people use AI to rewrite timelines, prepare witness statements or improve their account of events.
While AI may assist with formatting or grammar, affidavits, witness statements and similar documents should always reflect your own knowledge, recollection and words.
AI may change your language, omit important facts or introduce inaccuracies. If an AI-generated document differs from your recollection or the evidence you later give, it may affect your credibility.
Instead, provide your lawyer with your own account of events. You do not need to produce a polished statement before seeking legal advice. An authentic account in your own words is usually more valuable than one rewritten by AI.
Using AI during a criminal investigation
If police are investigating you or you have been charged with a criminal offence, additional considerations apply.
For example, asking AI to suggest explanations, prepare your version of events or analyse police evidence may create evidence that did not previously exist.
If you enter information about your case into an AI platform, records of those conversations may be stored on your device, within your account history or by the provider. In some circumstances, police may have lawful authority to access digital devices, accounts or associated records, meaning AI chat histories could potentially become relevant to an investigation.
For this reason, if you are involved in a criminal investigation or have been charged with a criminal offence, you should avoid discussing the allegations or entering information about your case into an AI platform. Instead, discuss the matter directly with your lawyer.
If you have already used AI in connection with your criminal matter, tell your lawyer. This will allow your lawyer to provide advice about any potential risks, discuss available options and take those matters into account when advising you and preparing your defence.
The risks of AI-generated and manipulated evidence
Artificial intelligence is now capable of generating highly convincing emails, text messages, screenshots, photographs, audio recordings and videos that may appear genuine.
Courts are increasingly aware of the risks posed by AI-generated and manipulated evidence. As a result, digital evidence may be subject to greater scrutiny where there are concerns about its authenticity. In some cases, expert forensic examination may be required to determine whether material has been altered or generated using AI.
Submitting or relying on false or fabricated evidence can have serious consequences. Depending on the circumstances, it may damage your credibility, reduce the weight given to your evidence, adversely affect your case and, in some situations, expose you to further legal consequences.
Before relying on any digital evidence in legal proceedings, its authenticity should be carefully considered.
Practical tips for using Ai
When using AI in connection with a legal matter:
- Use AI to understand general legal concepts rather than obtain legal advice.
- Do not rely on AI to assess the strengths or weaknesses of your case.
- Check any legal authorities or citations produced by AI before relying on them. AI has been known to generate legislation, court decisions and quotations that do not exist.
- Avoid uploading confidential, privileged or legally sensitive documents without first obtaining legal advice.
- Prepare your own account of events rather than asking AI to rewrite or improve it.
- Do not ask AI to create explanations, witness statements or evidence for your case.
Tell your lawyer if you have used AI in connection with your matter so that any risks, available options and appropriate next steps can be discussed.
Queensland Courts guidelines
For further information you can read the Queensland Courts guidelines.
