Understanding When Should I Be Worried If My Lawyer is Using AI for Your Personal Injury Cases

The practice of law once shifted from paper digests to online data bases, and is now shifting again with generative artificial intelligence. Also known as GenAI or simply AI, an American Bar Association (ABA) technology survey reveals that roughly 30% of attorneys are now using AI-based technology tools in their legal practice, a significant jump from just 11% in the prior year. Additionally, another tech legal trends survey found that 79% of lawyers are using some form of AI in their daily work – including their staffs. Although these numbers might seem alarming to clients who thought they were hiring a person to handle their legal matter, it is important to understand that not all AI usage is created equal. Thus, asking should I be worried if my lawyer is using AI, the key question is not whether your lawyer does, but how they use it and what safeguards they have in place to protect your interests.

Indeed, the rise of artificial intelligence in law has created both opportunities and concerns. On one hand, AI can help lawyers work more efficiently by organizing documents, summarizing case law, and drafting initial versions of legal correspondence at a pace that is much faster – and therefore cheaper for clients. On the other hand, there have been highly publicized cases where attorneys have submitted court filings containing fake case citations that were entirely made up by AI systems. These errors, known as “hallucinations,” occur when AI generates information that appears believable but is completely fabricated. The consequences of such mistakes can include court sanctions, fines, and damage to a client’s case. Understanding how responsible attorneys approach AI can help you feel more confident about your legal representation.

Good Lawyers Use Legal-Specific AI Tools

Responsible attorneys understand that consumer-grade AI tools like basic chatbots are not designed for legal work. Instead, good lawyers invest in specialized legal AI platforms that are built specifically for the legal profession. Some of these tools are also built into popular legal databases that lawyers and courts typically use to do legal research, including Westlaw and LexisNexis. There are other legal-specific platforms are grounded in verified legal databases and include citation checking features, too.

These legal-specific systems are designed to reduce errors because they draw from actual case law, statutes, and legal authorities rather than generating responses from general internet information. When your lawyer uses these specialized tools, they benefit from built-in safeguards that help prevent the kind of embarrassing and harmful mistakes that have made headlines.

Moreover, these systems also offer privacy protections. That includes the ability to turn off “training,” which is when the AI database uses information entered into it for training purposes to help improve the AI’s future capabilities. Said differently, it prevents your private information from being used to train AI.

Cautious Attorneys Avoid AI for Sensitive Matters

Thoughtful lawyers recognize that AI has appropriate and inappropriate uses. Although AI can be helpful for administrative tasks, organizing documents, or conducting preliminary research, experienced personal injury attorneys know better than to rely on AI for sensitive legal matters. Confidential client information, case strategy development, and nuanced legal arguments require human judgment and expertise – meaning they should also only be handled by skilled human operators, not robotic AI chatbots.

Good lawyers also protect client confidentiality by being careful about what information they input into AI systems. They understand that some platforms may store or process data in ways that could compromise attorney-client privilege, such as for training purposes we noted above. By limiting AI use to appropriate tasks and keeping sensitive matters completely offline from these systems, responsible attorneys prioritize your privacy and the integrity of your case.

Verification Is the Standard of Care for Lawyers and Legal Professionals

Perhaps the most important distinction between responsible and irresponsible AI use is verification. According to the ABA’s survey noted above, the top concern among attorneys regarding AI is accuracy, with 58% worried about the reliability of AI-generated content. Good personal injury lawyers treat AI output as a starting point, not a final product. Every case citation must be verified to confirm it actually exists and says what the AI claims it says – or even simply to ensure that the case is real and not hallucinated or fabricated.

Therefore, every legal principle must be cross-checked against authoritative sources. This fact-checking process is essential because AI systems can confidently present completely fabricated cases as real. Courts across the country have sanctioned lawyers who failed to verify AI-generated content, with fines ranging from thousands to tens of thousands of dollars. Your lawyer should be following established protocols to double-check every AI-assisted work product before it goes anywhere – especially being filed. Although most cases result in sanctions against a lawyer, there are some cases where motions and even entire cases have been denied and dismissed, meaning your legal case could be thrown out of court based on your lawyer’s misuse of AI.

Questions You Can Ask Your Lawyer About AI and Your Case

If you want to feel confident about how your attorney uses technology, consider asking a few simple questions. These can help you protect your case and your legal rights, as well as your wallet when it comes to unnecessary expenses for AI misuse or having to re-file a case.

Some questions that you could ask your lawyer about his or her AI use include the following:

  • Do they have subscriptions to AI programs and which ones?
  • What do they use GenAI for specifically, such as non-court filings like medical record requests or scanning records, or do they use it for legal filings like pleadings, motion papers and appeals?
  • What is the verification process they use to confirm Gen-AI content is real and accurate?
  • How do they protect confidential information when using any AI technology?
  • What training have they and their staff undergone with AI training, including CLEs
  • Have they ever been warned or sanctioned for the misuse of GenAI?

Need a Lawyer for Your Personal Injury Accident? Find One Who Understands the Benefits and Risks of AI

When you find good legal representation, you should not be worried if your lawyer uses AI responsibly. The legal profession is adapting to new technology, and when used properly, AI can help lawyers serve clients more efficiently. The warning signs are when attorneys rely blindly on general-purpose AI tools, skip verification steps, or seem unaware of the risks. Good lawyers embrace technology while maintaining the professional standards that protect their clients. To learn more about how a good lawyer can help you with your personal injury case, watch some videos on our website or read more blog posts and articles online.