ChatGPT and Divorce: 4 AI Traps That Could Hurt Your Case
42m 16s
This podcast episode discusses the risks and limitations of using AI tools like ChatGPT during divorce proceedings. The hosts emphasize that AI should not be used to draft critical legal documents such as consent orders or affidavits, as it often generates content that lacks accuracy, personal context, and legal precision. They warn that AI is not a replacement for a lawyer, as it cannot grasp nuanced family law specifics or ask necessary follow-up questions, which may lead to misguided decisions and prolonged disputes. Additionally, AI tends to reflect user biases, potentially fueling conflict rather than offering objective support. There is also a risk that AI chats could be subpoenaed in court, revealing unintended information and compromising evidence. While AI can be helpful for tasks like formatting, the hosts advise using it cautiously and always seeking professional legal and psychological guidance to navigate divorce effectively.
Are you using chat GPT or AI tools to help you during your divorce journey? Are you wondering if chat GPT chats can be used against your in court? Or are you relying on tech instead of legal advice during your family court case? Well, today's episode will be perfect for you. Because we're going to be looking at the five essential truths about using AI from how AI can mislead you to how your chats could be used against you in court. We're also going to show you the right way to use AI during your divorce process. Welcome Mum. Hello Laura. Hello everyone. Interesting topic today. Yes. Look, it's topical because it's going on a lot. Yep. Actually, there's a lot of information out there on the internet, on Instagram, on TikTok. And I think maybe it is something we need to talk about. But this is a legal disclaimer. This is not legal advice for you. This is Mum is not your lawyer. We may be in a different country to you. But these are things you need to be considering. We are not telling you to do them or not do them. We are just discussing the topic of AI and divorce. So let's get started. Hello. I'm Laura Furio, CEO, C Divorce Mother of Three. And I'm here with my mother, Lynette Galvin, with 35 years experience of family law. You're listening to the divorce course podcasts. Through our candid discussions, we hope to help you through your divorce or de facto separation. We will be answering the most commonly asked questions and covering the stages and steps that you will face on your way to free. So before we get started, unless you've been living in a box, there is this thing called chat GPT. And there are other AI platforms like Gemini and Goodness knows what, there's a whole bunch of them. And they, if you've never used AI before, usually they are very friendly, helpful. And you can ask them to write things, you can ask them to like organize things, assess things, do things. It has developed very quickly. And it is moving very fast. There is a new thing called AI Agents now where not only do they organize, they'll create something for you, they'll then go out and do it for you on the internet. So it's a whole world that we're facing and going through. I do think people mum going through divorce are going to get caught up in it to a degree, because it's an untested frontier in divorce. Yes, I agree, Laura. AI, artificial intelligence is something even I've embraced because it's so convenient. And everything that it does seems legitimate until it's not. So yes, I see a good role for artificial intelligence in divorce. But yeah, you have to use it right. Let's talk about our five essential truths that we want to bring to everyone's attention today, because I guarantee you at least half of the people listening have somehow used AI when it's come up in some sort of moment of their divorce. One thing that I'm hearing a lot on TikTok and Instagram is people are using AI to write their consent orders. And you're already starting to have a heart attack. So mum, before I get your opinion, so people are putting into chat GPT consent orders, so property, consent orders or parenting consent orders. And we're talking through those if you've never heard of them in other episodes, but they're basically the way to stop and settle your divorce for property or for children's. Where do you see the problem with getting AI to help you write your consent orders mum? The main problem that I see potentially is that AI it'll print out something like it can print out something that seems legitimate that looks like a good set of orders and you go, oh yes, there you go, that's good. But unless you're a lawyer looking at it, I thought don't think you can tell the difference between a good set of consent orders and a bad set of consent orders because the data is in the detail. Right. And we'll like we talk about in our course and when we're talking about parenting consent orders in particular or property consent orders and lawyers make these mistakes as well. They don't think about the what ifs or they don't make sure that the language actually says what it means it says. So I have seen people who've got chat GPT to do it, they've looked at it, it looks very legally, it's very legally worded, it looks very professional. But when you read it, you're like it doesn't say what happens if someone doesn't do what they're supposed to do or it doesn't say what happens if they don't buy the house or if the house doesn't sell a whole bunch of things that people might not think of. So do you think that's going to happen? Oh, it's definitely going to happen. So you've got to remember chat GPT or artificial intelligence has the whole world to look at. And so when I used it to briefly writer a few notes on the amendments to the family law act that just happened. It invented a section. There's no section. I know that. But most non lawyers wouldn't know that. So remember those means those ones that go seems legit. It might help you to get a framework and we're going to talk about it. Yeah. So we're going to talk about how you can use it. But one of the things you definitely shouldn't do and how the heart attack is getting it to write your consent orders or property or children's or even a financial agreement. Definitely don't do that. Or an affidavit. If that's my next question to you mum, what about affidavits? I've heard lots of people using it to write affidavits. Can you use it? Is it a good idea? If you're putting in your statements, here's where I use it. I use it for formatting because I can't format. But if you've got a lot of statements or a lot of earlier affidavits and you want to consolidate them into one, I think you could use. I put them all into one document with a sign in page at the bottom and all of that. But again, you have to check very carefully because it's not just when you get it in court, it's not just, "Oh, whoopsie, didn't mean to put that in." It's something much worse than that. An affidavit is supposed to be your words and your case. And I'm even I can pick AI generated stuff from a mile away. And I'm sure the judge is much smarter than I am and they'll see it. And we've done an episode on running your own affidavit. And we've talked about the importance of getting your story across. Yes, particularly if you're trying to communicate coercive control or family violence as well. You really need to get your story across and get that emotion across. And whilst it may seem good to get printed out a 30-page document by AI that details everything, it's going to not sound like you and it's not going to be your story, your voice. So we're going to talk about how you can use it to help you with that. But if you are relying on it just to write it for you or straight off the bat, it's not going to give that feeling, isn't it, Mum? About affidavits that you talk about. That's right. So a good affidavit tells us to it. It sounds authentic. It's full of examples. And before ChatGPT, we all used to have precedent affidavits that we could use as lawyers. And Judd just started to get cranky about these cookie cutter affidavits, because they were none the wiser at the end of the affidavit than they were at the beginning. So your authentic voice is important. And don't think it won't be noticed that you've used AI. I can tell it in any writing. And another thing I've noticed with AI document things, if you get it to write one affidavit in once, and then later on like two years later you get it to write another one or another document, it can have a completely different tone of voice. It doesn't even sound like it was written by the same person. So you have to be really careful. But we're going to talk about how, later on, so don't freak out. So essential fact number two, Mum, is ChatGPT or AI, isn't a lawyer? No, it's not. And it doesn't understand legal nuances. So can you give me a little explanation on why people shouldn't be using ChatGPT as a lawyer? I think that they call it hallucinations. I think someone was telling me the other day, when ChatGPT goes completely off and says nonsense, you know, that you shouldn't use it for that. Yeah. So family law is different all over the world for a start in Australia. That WA is slightly different. But most of Australia is the same and WS does a little bit different. But if you're trying to use ChatGPT for legal advice, it's going to be pulling from sources all over the world. And the legal family law space in the States is so different and so complex as well as here. Like there's no way that ChatGPT I think is going to be able to give you proper legal advice. Particularly as we always say, like we're not AI but we're talking. But your situation is every single person, I've never met someone, never met someone with exactly the same situation in their divorce. Well, I've been doing this for close to 40 years. It is. It's context to everything as they say. And states have different family violence legislation as well. But ChatGPT just draws all those resources, sends it to you. If I don't know if you've ever picked up on a mistake in something they've done and my friend told me they picked up the mistake and said what about this? And it went, oh good catch. And no responsibility, no care. And you can't see ChatGPT if they make a big mistake. It doesn't know what you're doing.
parenting plan is, it doesn't know what your ex's behavior is, it doesn't know your risk factors, it doesn't know your emotional history, even if you plug all of that in, it's not going to put it in the right context. And like we said, family law is very context heavy, it's not black and white contract law. There's all these different ifs and buts and wires and a house. And on top of that, you've also got to think about what's safe, what's reasonable, and it also doesn't ask you the right follow up questions. Like a lawyer to a degree and why we think our course is really good because people go do our course, they look at the information, they learn about it, they know what they're entitled to and why, then they go see a lawyer and the lawyer may forget to ask them about their future needs or something like that. And then they know it will actually, you forgot to ask me this question. So even lawyers sometimes forget to ask certain questions, but Chachi Biti is not going to be asking you little subtle follow up nuance questions, particularly for the new stuff that's just come out with the changes to the family law rack. So it's not a lawyer, I cannot stress that. I never says, oh, I don't know, it just tells you anything. So please if you are using Chachi Biti as your lawyer to get legal advice, go and see a lawyer, figure out what, what where you stand and you can use AI in other ways, then aren't going to risk because if you get Chachi Biti to tell you and we see this for people even whether they've used Chachi Biti or not, whether X hasn't got a lawyer. The other person's got a lawyer and then they say, oh, they say to you, mum, oh, my X just got a lawyer and you say, oh, good. And they go, why is that good? I knew because they're completely running on emotion and clueless about what the law is and they're arguing with you for a reason that doesn't exist in the family law rack. So once someone sets your X straight or sets you straight, your negotiations are going to run smoother. And if you're all relying on Chachi Biti, that's going to end in a very long messy development. Because you keep fighting if you think that you're right and if Chachi Biti's told you the wrong thing, you could be throwing good money after bed. The third essential truth, I think everyone needs to face and this is a big E is that AI actually mirrors your biases and emotions. So yes, it's a mirror. And I've read a lot of articles about people using AI for psychology support and things like that. And psychologists are starting to get a little worried because it's mirroring what you want to hear. Yes. And it's picking up on your biases and going with it. So a lot of people are starting to say, I'm using it to help me with my counseling or helping with how I react to my X or I found out through AI that my X is a narcissist. And I think there's a whole bunch of people out there at the moment, Mum, on both sides of the same divorce, whose Chachi Biti has told them that the other person's doing the wrong thing and they're the narcissist or they're the bad. You have to have your own thinking. And I mean, AI, it isn't as intelligent as you think. You think quickly it's developed over the last year or so. Our brains are now emotions and our expressions can't be emulated. They can't be properly copied. And so Chachi Biti, you've got to think of it honestly. It's like a garbage and garbage out sort of thing. And also it's just completely unapologetically dishes up stuff that seems legit. If you are using Chachi Biti to help you figure out your X's motivations, their behaviors, their actions, whatever it is, you may be better off going to see a psychologist because a psychologist may give you some hard truths. A lawyer will give you some hard progress. But I don't know how many hard truths are coming through in Chachi Biti or any AI for that man. I don't want to get sued by Chachi Biti. But I think AI, like they said, it's mirroring and it's picking up on your biases. And if you are asking, if you're really angry, for example, and you're like, I can't believe this person did this to me. They did this. They did this. They did this. You're telling it from your perspective. You're not giving, you're telling it from your perspective. You're not giving it the whole context. You're not giving it the whole information. And there's probably things you're not even aware of that have occurred. So of course, it's going to give you the point of view that is from your point of view. So look, I see it can be therapeutic. I see it can be helpful. And I know people can't afford psychologists. I know people can't afford lawyers. But I do see that this could potentially keep fueling long extended legal battles and mediation drawn out. And maybe a problem. Can you see that? Yeah, I can. And also with mental health, if you're relying on something, it's not as good as even a video link up with someone would be. But so you need to add trust on the out of person intelligence. It's right. We're going to get to the good stuff. Just be aware. But so those couple of hard truths, I think it's something that we all need to let you know about must number four essential truth. Can your AI chat be subpoenaed potentially? Potentially. I can see that someone might try to subpoena your chat GPT if they suspect you've been using it to write letters and so forth. But if that happens to you, you can or that if you're asked to disclose it. You can say, look, those documents were created in the course of the litigation formal litigation. And therefore they're privileged. You've got professional legal privilege over those documents. But potentially it can be subpoenaed and can be quite frightening. There's a lot on the internet at the moment saying, you know, your chats could be subpoenaed. And I guess anything you write anywhere, as you always say anything you say anything you do anywhere can be used. And we saw recently that people's personal chats were being accidentally leaked onto the Google search. So even if that happens, but it like even if you mentioned in court that you've got a private journal and here's page of your private journal where it talks about X, Y, Z did this to me. The court can request the rest of the person. We'll be out the person. We'll almost certainly request the rest of it for context. Okay. So you've got to be very careful about what you make available. What you alleged what you say you've got. So if you said, oh, here's, I asked chat GPT what to do and chat GPT told me this and here's the bit of the chat. The other side could then say we want to see the whole thing. Any lawyer worth this salt would say, hang on a minute. For that answer, what question did you ask it? And what was the question you asked before that? And what modifications did you need? And that might tell the court a lot more about you than you intended. So if it's in a parenting matter, for example, you may be at the open that you can say relocate, right? And you could be asking chat GPT what are the grounds for relocation? And so that's all right. And that's all with your thought processes. But then if you get into court, so no, I was never going to relocate and your chat GPT makes the liar of it. I tell you text messaging and Insta and Facebook have changed the world. We had this type of discussion back in about 2004. Could Facebook comments and things be part of your case in the family court? Now we all know now. Of course, absolutely. It can. But back then it was like, oh, I don't know. That's getting into a gray area. Well, I think the chat GPT is going to potentially become another thing that they can ask for. And unless you can say it's privileged. You don't want to be a landmark case for some sort of AI family law issue. And if you are using chat GPT or AI situation for your psychologist, they may start subpoenaing this that or if you use it for legal advice, even though we've told you definitely don't do that, they might look at that. And like you said, man, you may write, how do I get to be able to relocate? And then you've said, oh, no, I was never going to do that. But it's in your chat. Or if you're a really horrible person, you may have written, how can I get the most out of this person or what's the best way to ruin someone's life after divorce? Any of those things could really come and bite you in the butt. So as you've always said, man, when when people are going through divorce, what do you stay away from? You stay away from anything and any comments online or anywhere that might come back attached to an affidavit and bite you on the bum really. I think that baristas, even if they don't subpoena chat GPT, I can imagine with a witness in the witness box saying, well, witness, you wrote your own affidavit. Yes. And you would have used artificial intelligence to hone that. You're telling the truth. Yes. Which bits of it did you actually write? These are supposed to be your evidence and how much of it is from chat GPT. And that may put all of your evidence at risk of being. I didn't even think of that. So because you're in the witness box and you're sworn to tell the truth, they could literally just say, did you put this through chat GPT and then start asking you other questions and it could like, okay, and they can say, well, is the draft? What did you ask chat GPT with? And you're on a this affidavit needs to be struck out. It's not authentically from this person it's not their evidence it's been
sanitised and changed and in the family court your evidence is your primary evidence is written for David so don't risk having your primary evidence chucked out because then what does the court do? And of course we've had all heard of cases where lawyers us putting in submissions again seems legitimate but clearly they've asked chat GPT and or one of the other other platforms and cases have been made up with years and references and I remember one recently where the judge went to look at the case and it didn't exist. Hey everyone now before you panic because Mum's on here don't worry she'll be back with me and that brings us to our exciting announcement we're going to be having our webinar. This webinar is designed specifically for anyone going through their divorce or to factor situation with the information I wish I had known when I was going through it whether you're just standing at the beginning your halfway through the process or you're close to the end. For this webinar is tucked with information to help you on your journey and to empower you to make the decisions that are best for you. I know some of you might be thinking I do not have the time I just want to listen to your podcasts I've got a million to listen to but I want you to understand it is a laser focused session packed with actionable tips that you can use straight away and investing this one hour in your time could actually save you thousands of dollars and also many hours undoing the mistakes that you might be making that you don't even know about yet. You might also be wondering well I listen to your podcasts but is this really going to be relevant to my specific situation I listen to your podcasts all the time I'm all over this. Well our webinar covers the process the steps and the stages that you take along the whole journey it takes away the fear of the unknown and it gives you key insights into things that lawyers know about but us laypeople have no clue. At the end we have a live Q&A with my amazing mum the family more specials where you can ask your unique questions and get real time answers and if you're worried about being uncomfortable or unsure of your privacy let me reassure you you can participate as much or as little as you like some people just come along and watch and learn and write notes other people ask questions the whole way through but it is a safe place where everyone can come to learn and support each other if you're really worried we're happy for you to sign up to the webinars when you read to start with a completely different name to your own so you can come along reserve your spot by clicking on the link we're going to the divorcecourse.com.au and clicking reserve my seat. Can't wait to see there and help you take those next steps towards a happier healthier less stressful and overwhelming future. I'll see you at the webinar and I remember one recently where the judge went to look up the case and it didn't exist and so that person that lawyer is now being asked why to show cause why they should be allowed to continue as a lawyer and so the judges are picking it up your ex will pick it up so. And sadly if you're going through divorce at the moment if you're going through just even mediation negotiations or if you're going through family court you guys are on the frontier of this and the courts are going to have to catch up and come up with ways to deal with it like they did with Facebook and social media and emails and all of that and someone was caught smacking it thinking that it wouldn't matter and then they found out it did so you really have to put judges hat on and think how would a judge think about this? How would my ex's lawyer think if I'm writing this so you really need to be mindful of what you're using it for? I do think you have to remember what the point of the evidence is it's a substitute for you saying things in the witness box from your own side of the story without being questioned and so you don't want to risk that and yes Laura it's funny because when I was an article clerk years ago when you were three or four I think we didn't have any facts machines in the town that I lived in and Brisbane had one and they were a law firm shout out to corny Newman at turn out they were opposite the courts and so people we would ring them up tell them something get them to fax it to the court or I go up to the post office as the junior and fax it so we didn't have fax then we started to see Facebook and text messaging and they all still apply right the law as it was written in 1975 has only really been tweaked that the reason for the legislation point of it is you know to solve these disputes and so I've got confidence in the legal field for them to be able to embrace the artificial intelligence and still do a good job but it is untested at the moment so yes your chat GPD could be subpoenaed you could even be asked in the witness box if you used it so be mindful of that number two and not just subpoenaed as well with chat GPD I think if you've got a post separation abuse you've got a stalker you've got someone who is looking at everything you do if they've cloned your phone if they've got access to your laptop they could look at what you're writing in chat GPD they could literally just look at it so be very mindful of what you're doing on that on any AI you should throw it out there don't you you write it in and in that back comes the answer it's not like you've got a private group or you can control who sees it that's right so that so that's essential number one your chat can be subpoenaed or can be looked at or can be disgusting hot number two if you use AI to write your affidavit your consent orders your outline of cases it may include fiction yes and it may not say what it's supposed to say number three chat GPD isn't a lawyer it's not a lawyer it doesn't understand your legal nuances and of all the legal fields in all of the possible options family law is the biggest nuanced option there is so be very careful number four AI may just mirror back to your biases so be really careful in relying on it to tell you what to do or how to react or all of those things see a psychologist now the essential number five month is you can actually use AI in a smart way for planning or for clarity when it comes to for your divorce it nearly every day for time tables and putting things in our medical medical order and all that sort of stuff so my way of using it will be different but it is it's a good friend right to have just for those sorts of things but yeah don't let it dominate over it's the rest of the process you've got to use it for the routine stuff okay so let's have a look at some stuff people could use it for so that when I'm bashing AI because it'll probably listen to this and not like this anymore sorry sorry sorry yeah sorry chat GPD so things that we that you that I think you could use it for but again we're not telling you to do this because there are legal implications we're not aware of so we've got creating checklist number one so if you're getting ready for mediation you're getting ready for court or you're trying to come up with stuff to negotiate with your ex checklist checklist away but make sure that it's you're giving it the prompts from a legal perspective from your state from your town from your country whatever I do not just rely on it to tell you what you need okay brainstorming questions you might need to ask your lawyer so if you want to be prepped about going in you could maybe do some of that drafting your timelines your to-do work put in what it is that you've got to do ask it when should I be doing this get it to create a to-do list for you we did an episode last week about surviving when you just want to give up and we talk about just doing one little step a day you could ask chat GPD to help you create a to-do list plan so one little thing every day to get you to get it all done organising your thoughts before you see a lawyer you could if you are cool with your thoughts being subpoenaed or seen potentially in the future you could pop it all in there and ask it to categorise it into different categories so when you see a lawyer you are having a shorter more succinct discussion as opposed to this big long brain fart as I call it or you're just like oh what about this and what about this and what about this you can say okay we're going to talk about these five things I think that they're helpful ways at checking your spelling that's a good thing my spelling sucks but don't but don't avoid so please don't use it to draft legal documents please don't use it to write affidavits or your consent orders or anything like that get a legal template like in our course download the legal template and create it with legal guidance don't get chat GPD to make something up because unlike a lawyers drafted template that's been used over and over again and they know that when it works chat GPD's just like months as throwing it out there and it's if it's no skin off there knows if it's not watertight and not to use it to vent about your emotions or really strong private feelings because I think I know we're talking about family law I do definitely see this being used in criminal cases moving forwards don't you think my head and thought about that yes so you know how they look at people's Google search yes yes they're going to
be looking at what people tell us. Yes, of course. Of course. So, so it will filter into family law. Yeah. It will filter it. It will definitely be in criminal cases. Probably. I don't think many of our listeners would do it, put anything in that was incriminating really, but I do worry that it could be used against them. So just be a little bit cautious. I mean, even what people have watched recently on YouTube seems to come up if they are in a criminal investigation. And so I guess that also could come up in family law as well. So just be very careful guys. So nothing's off limits these days. I mean, if you do it, if you search it, if you look for it, if you write it, if you type it, it's there. It's there. And whilst family law is all really about property and children's matters, it can be used if you've asked parenting advice or if, you know, there's anything. So I just, I'm not telling you not to use it, but I'm just saying it's really a good idea to think long and hard before you just start chatting away to it. I wonder if anyone would have been tempted to put in an email from the other side and ask for the kind of summarised version. I know some people are unable to bring themselves to open correspondence from someone else. And it is usually because of that maybe they're hectoring, badgering tone of it. And AI might be able to distill it down to just the facts. That's good. And we've heard a lot of people doing that in the co-parenting world when they've got an abusive, potentially, or an narcissist who just writes words, salad, drama. People do put it in and use that. And I do know there is, there are some AI plugins or whatever you call them that are helpful for that. And if you're, if you've written something, when you were mad, right, it might pay for, perhaps if you want to put it into touchy pretend say, how does that sound? Can you take the emotion out? Can you turn this into dot points? Something like that. But be aware, if you write some big long abusive tirade that's horrible. Yes. And then you ask churchypt to take out all the abuse. They could get that letter that you wrote to churchypt and it could be used in court. So I think I just write. I think today's episode is so important to say you are going to be looked at. Unfortunately, for you guys going through it now, there is a, there's more stuff that people can grab from. Yes. You know, there's more things. There's more insight to social media, opened it up even more. But this is going to open it up even more because at least on social media, it's like a one sentence and a photo. Yes. But on churchypt, it's pages and pages and pages of people's innermost thoughts. I think the court's going to probably have to rule on how much of this stuff is going to be the investigator. I love like text messages and Facebook have solved a lot of evidentiary problems for people. It's not all just he said she said now. But churchypt I think has a bit of a double edge sword. Yeah. Now I can think of a really good alternative for churchypt if someone is struggling and that is mum. We have a thing called the member Q and A and that it's weekly. Yeah. And mum sits there for about an hour, sometimes two hours, sometimes three hours. And people ask questions, generalized questions. I mean that they would have typed into churchypt. Yes. But their mum is giving like information from that question from a lawyer who's done it for a long time point of view. There are other things that you can try other than just asking churchypt and hoping it's going to give you the right answer. Yes. And when it comes to writing your documents etc. We do have our course that you can do the DIY divorce blueprint where we take you through and help you do it all and give you the templates so that you can do it. And if you want to use churchypt to tidy it up, that's on you. But it is that is another option. There are other options out there. I do worry so many people are like, I use churchypt to create this thing and do this thing, which is great. Looks good. But the potential for it to not be right or for the potential for it to be used against you. So AI is powerful, but you've got to use it carefully. And I don't think people aren't, people are not thinking about that yet. People in the business world are using it like crazy because it's business. It's fine. It's not like anyone's going to be upset if they have their business chat released on marketing. But their people aren't going to be upset if their social, emotional divorce stuff gets leaked. So always double check. And what you're right. Absolutely. And if there's, I don't believe it ever just disappears and your kids may in the future, just like they can see on Facebook what you've been saying and what the other person's been saying. It may be there forever for them. So I'm a bit thoughtful about it, particularly I think, Laura, one of the new artificial intelligence platforms or newer says, oh, we won't this machine, this platform won't search the world and come up with something from that. They will only create something from what you put in. And I thought to myself, what do you, what would you have to put in to get this platform to write, say, an affidavit for you that reflects your point of view? And the truth is, you're going to have to put in everything, all of the, and maybe some remarks that are on reflection, a lawyer would say, don't put that in. So you've got to put that in there to get your sanitized version out. But that other version doesn't go away. I know I think it's particularly vulnerable to subpoena or disclosure because it's in your name. It's in your name. Yeah. So for takeaways for you guys today, be careful because legal context and AI, it's not a tested ground yet. So be careful. Always double check what you put in because if you're submitting something to court, we've seen so many people come across already and we've just talked about what might happen in the witness box or how it may lack your story and your tone and that that may affect your case completely. Think about how you can use it instead as a tool to organize, prepare, not decision making, not action making, but organising preparing. Use it like you would like an assistant, not a lawyer, not a psychologist. And legal advice, it's got to come from a professional. It you cannot. This is your future. This is your children's future. Do not make the mistake of being those first couple of people who are going to end up as headlines or as main family law cases where they've made big boobies by not or just not getting what you want because you didn't know the law properly or your case and just remember the hallucinations that artificial intelligence has and and they will give you sections of the act and cases apparently they do not exist. So you really are setting the court to thinking back in my barrister days. If a person's in the witness box and under cross examination they don't speak like their affordated spoke. Do you know? You might get someone who's had a really quite basic education and their chatty and yeah mate no mate didn't do this and then they've got an affidavit that says I proceeded down the motorway and you know I've seen it. Did you write this? Oh no my lawyer bro I do that I've just signed it mate. What's this and another one? What's this what mean with this? I don't know. Well it's in your affidavit. So yes and that's the other side cross examines you and tackles you on your material. So you can't just phone this one in guys. You're going to have to do it properly and the hard way. And you can't go back to a judge after you've signed consent orders and say oh I didn't chat you be to you wrote this consent order I didn't think about double checking it and I want to change now because it means I never get my kids for Easter or it means there was a mistake and forever now I don't get to see my kids for Mother's Day. So you know there are things you need to think about. 30 months going through that my darlings it's not really forever it's just till the kids are older but it's so hard and that's one thing about having a lawyer I think where I see is that we've seen a lot of these backfiring things so those 12 agreements we talk about in children's matters for the case we we always ask but what if but what if and we know those what if to ask but you might not until you're suddenly in it because it's the first time you're doing this job yeah so our five essentials just to double check and just to rely and their mom I want you to come up with something to embroider on a question number one your chats can be subpoenaed don't forget that or shared number two if you use AI to write your affidavit or your consent orders or whatever just be mindful that it might not work it might not legally be right and it could include fiction and not sound like you number three chat you be tea isn't your lawyer it doesn't understand legal nuances and context when it comes to family law number four AI is just going to potentially marry your biases for your emotions based on the information you put in so get a psychologist and number five you can use AI but it has to be for organizing and planning and being mindful of what it is that it's going to spit out and what it is that you're putting it into the rest of the world and what it's retaining so mom what can we embroider on a question for this episode I thought about it and you talked about when you see us at colleges and when you see a lawyer and so forth so I think I just want to say chat GPT doesn't have a degree
That's a good one. That's a good one. Chachuffity doesn't have a degree yet. One day maybe in the future it will, but it doesn't have one yet. And you're right, Mum, because I see you and those Mum and Q&A's for our members, where they're asking questions and you're thinking, you mentioned cases of the top of your head and you say, "Oh yeah, well, there is this case from 1982 and this happened and this happened and this happened, maybe go read that." There's things, and you said in that case the judge mentioned this, like there's a lot of information that's so nuanced and so related to very specific situations that it's just not going to be picked up on an AI bot. So please everybody, I want you to sit down today and your little bit of homework after anyone wants to embroider Chachuffity doesn't have a degree on a question. Think about what you're using AI for and be mindful as well, because it's also on Google on your Gmail, there's an AI thing there as well. What are you using it for? In your divorce process, are you using it for the right reasons? And should you be changing any of your behaviors at the moment? Or are you using it safely? So we're going to leave all of that for you to think about. I don't want to feel like we've pulled the rug out from it, because I think some people think they've found the solution to their divorce journey and that is Chachuffity, but we're here to tell you that's not the solution. So that you don't regret it later on. But big love to you all, I know we're all looking for quick fixes and magic solutions. Sadly, this one isn't the answer. But big love to everyone and big love to your mum. Thank you for sharing your information. And we'll see you guys all next week. Bye bye, everyone. Bye bye. Bye bye, bye darling. Bye. If you found this podcast helpful, we'd love it if you could write, review and subscribe. By doing so, you are spreading the word to help someone else just like you. Lim would like to remind you that this podcast is general advice only and you should always get legal advice in relation to your particular situation. And remember that the Australian laws may have changed since recording.
Podcast Summary
Key Points:
AI tools like ChatGPT should not be used for drafting legal documents (e.g., consent orders, affidavits) in divorce, as they may produce inaccurate, generic, or contextually inappropriate content.
AI is not a substitute for a lawyer; it cannot understand legal nuances, ask follow-up questions, or provide jurisdiction-specific advice, risking prolonged disputes and poor outcomes.
AI can mirror user biases and emotions, potentially reinforcing negative perspectives and escalating conflicts rather than offering balanced guidance.
AI chats may be subpoenaed or scrutinized in court, risking disclosure of unintended information and undermining the credibility of evidence.
While AI can assist with formatting or organizing information, it must be used cautiously and supplemented with professional legal and psychological advice.
Summary:
This podcast episode discusses the risks and limitations of using AI tools like ChatGPT during divorce proceedings. The hosts emphasize that AI should not be used to draft critical legal documents such as consent orders or affidavits, as it often generates content that lacks accuracy, personal context, and legal precision. They warn that AI is not a replacement for a lawyer, as it cannot grasp nuanced family law specifics or ask necessary follow-up questions, which may lead to misguided decisions and prolonged disputes.
Additionally, AI tends to reflect user biases, potentially fueling conflict rather than offering objective support. There is also a risk that AI chats could be subpoenaed in court, revealing unintended information and compromising evidence. While AI can be helpful for tasks like formatting, the hosts advise using it cautiously and always seeking professional legal and psychological guidance to navigate divorce effectively.
FAQs
AI-generated content, such as consent orders, may appear legitimate but often lacks crucial legal details and context, making it risky for court use. It is not a substitute for professional legal drafting.
Using AI to write affidavits is not recommended because affidavits must reflect your authentic voice and personal story. AI-generated content can be detected by judges and may lead to your evidence being disregarded.
Yes, AI chats can potentially be subpoenaed, revealing your thought processes and intentions. This could undermine your case if the content contradicts your claims in court.
No, AI is not a lawyer and cannot provide accurate, jurisdiction-specific legal advice. It may give incorrect or misleading information, so always consult a qualified family law attorney.
Yes, AI can mirror your biases and emotions, reinforcing your perspective without offering balanced or objective insights. This may escalate conflicts rather than resolve them.
AI may omit critical contingencies and nuances specific to your situation, leading to unenforceable or flawed agreements. Legal documents require professional review to ensure they are comprehensive and legally sound.
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