AI is cool. But it is not (yet?) a competent lawyer.
Recently, I have become besieged with new clients coming in with cogently written bad ideas for cases that sound plausible.
When you have a problem, share the facts with the lawyer. Don’t tell him or her what legal theories to pursue based on AI.
After you and the lawyer are talking about what happened that brought you in for the consult, then it is fine to ask about a particular legal theory you read about from AI or heard from a friend or saw on a TV show. But do not assume AI is right and your lawyer is wrong.
AI is simply wrong way too much of the time; it fails to ask key questions; and it omits relevant facts.
Let’s take employment law – something I know a little bit about since I have been practicing it since 1994.
I am licensed to practice in four states and have been admitted to federal courts where I bring employment cases in other states. My office gets about 30 inquiries a day – mostly from fired employees.
AI is not licensed and therefore does not care that the common wisdom one finds on the web that “non-compete agreements are generally unenforceable” is flat out wrong in most US states.
Or just recently, I had a very bright, successful, highly compensated executive who informed me he had a claim for “wrongful termination” when no such claim exists in most states.
AI had completely missed the claim a client DID have under a federal law governing some (but not all) severance plans.
AI failed to warn another sharp executive that by downloading corporate documents, he was exposing himself to liability from his former employer under trade secrets and other claims.
So, ask questions of your lawyer but don’t wing your severance negotiation using AI.
Experience counts, and the internalized database an experienced lawyer has comes from a variety of outcomes and sometimes painful learning experiences.
Sometimes you need the surgeon to tell you that the surgery is too risky; or the lawyer to tell you that you can damage your career by raising the employment law issue AI tells you to raise.
The database of AI does not exercise any judgment and does not care what happens to you, your career, and your family.
We do.
About the author …
David Nacht is a tenacious trial lawyer, strategist, and negotiator at the peak of his career, known for advocating for clients at every stage—from students to executives. He is especially committed to expanding due process rights for the accused, whether in the workplace or in the face of federal or prosecutorial investigations. Nacht’s client-centered approach prioritizes listening, protecting careers and reputations, and thinking several steps ahead. One of the few attorneys to regularly practice both criminal and civil law in federal and state courts, he leverages insights from each to strengthen the other—always guided by a focus on dignity, strategy, and clear-headed decision-making.