Should I use AI as my lawyer?

Perhaps we’re biased, but simply put – no.

AI has become an integral part of daily life. From simplifying tasks to enhancing productivity, there’s no denying that it has opened up a world of possibilities. However, here at Briffa, we’ve noticed a growing trend where both clients and parties to disputes are turning to AI to draft emails, letters, and even key legal documents.

While using AI can, in theory, reduce legal costs, it’s not always that straightforward. In fact, we’ve seen how the misapplication of AI can drive costs up and complicate what could have been relatively simple legal matters for us to solve. This is especially concerning when AI is relied upon to draft critical legal arguments such as formal claims, defences, or open correspondence.

If errors or oversights occur, or if there’s a misunderstanding of the information the AI is providing, it could result in legal positions that are difficult to change or costly to fix. That’s where a qualified lawyer comes in – someone who can guide you through the legal matter with expertise, foresight, and tailored advice.

Here are the issues we are seeing time and time again:

1. Expertise and Experience

Lawyers bring years of specialised knowledge and practical experience to the table. While AI tools may generate documents and provide quick answers, perhaps based on vast information, they can’t replace the nuanced judgement that comes from working with complex legal scenarios. Every legal issue, especially when it comes to intellectual property, is unique, and a lawyer can help navigate the finer details and develop strategies that align with your business goals.

2. Understanding Your Business Needs

One of the key advantages of working with a lawyer is that they understand the bigger picture. It’s not just about drafting contracts or documents in a vacuum. It’s about aligning legal strategies with your business objectives. Whether you’re seeking to protect your brand or enter into a licensing agreement, a lawyer can offer personalised advice that fits your specific needs, something AI can’t replicate (at least not without a large amount of prompting and legal know how to ask it the right questions).

3. Risk of Inaccurate or Inappropriate Output

AI typically works by responding to the prompt given to it, but it’s not capable of thinking critically about the context. Even a small error or omission in the information fed into it can result in an inaccurate or inappropriate output. This might lead to legal missteps that could cause bigger problems down the road – on a matter I am currently working on, the other side used AI to draft its submissions to the UKIPO, it is now trying to change those submissions but the UKIPO is not letting it alter its original grounds for the dispute.

A lawyer, on the other hand, is trained to spot these details and ensure that nothing is missed, often regardless of the information you feed us, meaning we take all the relevant factors into account when providing advice or drafting documents.

4. The Importance of Sense Checking Drafts

While AI is a powerful tool, it struggles when it comes to the important task of sense-checking legal documents. Lawyers don’t just write drafts, we carefully review them to make sure the content is legally sound, properly framed, and aligned with your specific needs. AI, on the other hand, lacks the ability to pick up on subtle nuances, contradictions, or errors that could undermine the document’s effectiveness when applied to your specific needs or context. For example, we are seeing lots of AI generated terms and conditions which conflate English and American legal principles or that draft the terms in the most common or balanced formats, but not favourable to our client’s position.

5. Interpretation

Regardless of what AI writes or advises, your understanding and interpretation of that information is crucial. We’ve seen an increasing number of AI generated legal arguments that, on the surface, cite genuine and current laws, but are applied incorrectly because the user has misinterpreted the information. A lawyer provides a deeper level of insight into how those laws apply to your unique situation and helps ensure that the legal advice you are receiving is spot on.

6. A Lawyer’s Personalised Approach

AI can generate standard responses and documents, but it lacks the ability to understand the unique needs of your business or legal situation. Working with a lawyer means you have someone who can tailor solutions and provide strategic advice that takes into account both the law and your long-term objectives.

7. Proactive Legal Protection

A lawyer helps you develop proactive strategies to protect your IP, ensuring you’re not only reacting to issues as they arise but also preventing potential problems from the start. AI might help with routine tasks, but it doesn’t have the foresight to advise you on protecting or planning for your business’s future in the way a lawyer can.

8. Long-Term Legal Partnership

By working with a lawyer, you’re not just getting a one-off service. You’re building a long-term relationship that allows you to rely on ongoing legal support as your business grows. This continuity ensures that your legal strategies evolve as your business does.

At Briffa, we understand that legal matters can be overwhelming, especially when it comes to intellectual property. That’s why we take the time to understand your business and provide clear, actionable legal advice that fits your needs. Whether you need help with protecting your IP, drafting contracts, or navigating complex legal disputes, we’re here to guide you every step of the way.

While AI is a great tool, it’s no substitute for the expertise, strategy, and personal touch that a qualified lawyer provides. Get in touch with us today to discuss your IP needs with one of our experienced lawyers.