It seems that computers, and specifically artificial intelligence, are taking over every part of our lives. But recently, one website tried to let AI take over legal representation—a decision that has now gotten that company into trouble.
Our Chicago business lawyer at Ellis Legal explains more on this below.
The DoNotPay Robot Lawyer
In 2015, a legal chatbot called DoNotPay was founded. The website’s service was, supposedly, allowing people to get out of traffic tickets, without using an actual human lawyer. The site claimed it was the first “robot lawyer,” and started to expand into legal areas outside of handling traffic tickets.
The site was eventually sued by a user of the site, who tried to use documents generated by the site but who said that the documents it created were not usable due to poor or inaccurate drafting. The problem, according to the lawsuit filed against it, was that the website was neither an actual robot, nor an actual lawyer.
The user said he tried to use the company to handle some small claims court filings, and to draft some corporate documents and operating agreements. The user said that he thought the site used an actual attorney.
The lawsuit, which became a class action, was successful in terms of claims that alleged false advertisements. The site agreed to pay out a settlement to the aggrieved Plaintiff, although whether the company has completely shut down isn’t clear.
Unauthorized Practice of Law?
A former case, which had alleges that the site engaged in the unauthorized practice of law, was unsuccessful. That suit was brought against DoNotPay by an actual law firm that had sued for unauthorized practice of law—although the court there never reached that issue, instead saying that the law firm that sued, didn’t have standing to bring the suit in the first place.
The judge there said that the lawyers couldn’t show how they were harmed by DoNotPay. The court said the firm did not prove that they had lost clients, or had a damaged reputation, because of the site.
AI in the Legal Practice
Like other services, DoNotPay uses AI to practice or assist in the practice of law. However, there is a difference between an actual, licensed, human lawyer using AI to assist in the provision of legal services and a service where AI is the actual legal representation.
However, even human attorney can get in trouble with the use of AI; there have been instances where attorneys rely too much on AI—such as when attorneys allow AI to draft legal briefs or court documents, without reviewing them, which can and has ended up with the AI citing to fake or nonexistent case law being submitted to courts.
Remember that attorneys are ultimately the ones liable for what their AI does–even if the attorney is not technologically proficient, or even when the attorney him or herself is deceived by the AI.
Don’t run afoul of your legal ethics. Speak with a Chicago business litigation attorney at Ellis Legal at (312) 967-7629 today if you or your firm has any problem or issue involving the ARDC.