Artificial intelligence has changed the way many of us find information. Within seconds, an AI tool can explain a legal term, summarise a complicated subject or answer a question that might previously have required hours of searching online. That can be extremely useful. But can you rely on AI for legal advice?
There is an important difference between using AI to learn about a legal subject and relying upon it to tell you what the law means for your particular situation.
We are increasingly speaking to clients who have asked AI about their legal problem. Sometimes the information they have received is helpful or partly correct. And sometimes it is wrong. The difficulty is that all three answers can sound equally convincing.
AI can be an excellent starting point. If you are buying a property in Spain, dealing with an inheritance or trying to understand an unfamiliar legal term, AI can explain the basics in straightforward language. It can also help you prepare before speaking to a lawyer. “What questions should I ask my solicitor before buying a property in Spain?”
Used in this way, AI can help people become better informed and make a meeting with their lawyer more productive.
Lawyers and Notaries themselves are also increasingly using AI and other technology to assist with appropriate aspects of legal work. However, they know how exactly to ask and how to challenge answers.
This is not a question of lawyers being against AI. The Consejo General de la Abogacía Española, which represents the Spanish legal profession at national level, has published guidance on the responsible use of artificial intelligence by lawyers. It does not say that that AI should be avoided.
AI can be a useful tool, but lawyers remain responsible for the work they produce. Information generated by AI needs appropriate human supervision and verification before it is relied upon in legal work. So, if the Committee is saying this to lawyers, then it is important to know what AI can safely be used for and where its limitations begin. The problem: AI can be wrong without appearing to be wrong.
Source: Consejo General de la Abogacía Española – professional guidance and publications concerning the responsible use of artificial intelligence in legal practice.
An AI-generated answer can be beautifully written, detailed and extremely confident. That does not necessarily mean it is correct. AI can sometimes produce inaccurate information or even information that does not exist.
It might mean referring to a court case incorrectly, misunderstanding legislation or presenting a legal rule as though it applies universally when it does not.
For somebody without legal training, the problem is obvious: how do you know which part is wrong?
If an answer sounds authoritative and confirms what you hoped or expected to hear, it can be particularly tempting to rely upon it. Many people feel much more in control of a situation when they feel that someone is understanding the situation and presenting an answer they like. Also with any topic, not just law, it allows them to feel they know what to do. Just communicate your doubts with your lawyer.
With the law the devil is in the detail. Legal advice is rarely as simple as asking a question and receiving a universal answer. That makes it interesting but also very challenging. A lawyer will normally want to know (and see evidence of) all the facts before advising you or writing a legal action.
• What country are we dealing with?
• Which region?
• When did something happen?
• We need the documents have been signed?
• How exactly is the contract worded?
• Are there exceptions to the general rule?
• Has the law changed?
• Is there relevant case law?
We can tell you that two people can ask what appears to be exactly the same legal question and receive different advice from AI because one important fact is different. Also, try going back and challenging AI and saying “Are you sure that is correct?” Most times you will see a change in the advice given. You will rarely get that from a lawyer who has trained and has experience in a matter. This is particularly important for overseas clients.
An AI system may give you an answer based upon English law when your problem is governed by Spanish law, or it may give a general explanation of Spanish law without identifying an exception that is crucial to your particular circumstances.
We are increasingly seeing clients approach us and answer us with an AI-generated answer and understandably believing that it must be correct. Occasionally, clients even challenge the advice they receive from us because AI has told them something different. There is nothing wrong with asking questions. In fact, we always say to clients to please let us know if they have any queries. But an AI answer should not automatically be treated as more reliable simply because it sounds certain.
A qualified lawyer does more than provide information. A lawyer applies the law to the facts, examines the documents, considers the possible exceptions and consequences and uses professional judgement developed through training and experience. At Molina Solicitors, that includes more than 25 years of legal practice.
If our advice differs from something you have read online or received from AI, ask us why. We would much rather explain the difference (briefly) than see somebody make an important decision based upon information that does not apply to their situation.
No — and we certainly are not. AI is a useful tool and its role in professional services will almost certainly continue to develop.
Used properly, it can make information easier to understand, save time and help both clients and professionals work more efficiently.
Lawyers using AI professionally must also check what it produces. That is an important distinction as a lawyer or legal professional is not going to use AI or send any information from it without knowing it is legally and factually correct. Most clients cannot do that as it is not their area of expertise.
For simple general information, you may well decide that you do not need a lawyer. And we encourage it with regard to minor issues such as paying bills, setting up direct debits, obtaining padrons, translating documents. You do not need to pay a solicitor every time you want to understand a legal word or obtain some basic background information. AI is very useful for guidance.
The position changes when you are about to act upon that information on something important. If you are about to sign a property contract, pay a substantial deposit, accept an inheritance, or start court proceedings. Or transfer ownership of an asset or make another decision with significant legal or financial consequences, an incorrect answer can become very expensive. People forget that IA is based on web pages, articles, information,….. This is written and uploaded by many people who are sometimes not lawyers, or not specialised in a specific matter, which is why AI is not that good for legal advice.
The purpose of taking legal advice is not simply to pay somebody to tell you information you could have found online.
It is to have a qualified professional consider your particular circumstances, identify the risks and advise you before you make a decision that may be difficult or impossible to reverse. If you went to see a surgeon you would not tell them where to make the cut when they operate on your body. Or how to sew it up or what drugs you should be taking.
We are not suggesting that people should stop using AI. Instead, think of it as a useful starting point rather than the final word:-
• Use AI to learn the basics.
• To understand terminology.
• Identify questions you should ask.
• Use it to help you prepare for a meeting with your solicitor.
In addition, it is very helpful for:-
• Explaining matters like SUMA, non resident tax and embargoes
• Translating documents. Just take a photo, upload it and ask for it to be translated.
But if the answer could affect your money, your property, your family, your inheritance or your legal rights, have the important points checked before acting on them. Technology can make legal information much more accessible, and that is a positive development. But information is not the same as legal advice.
AI does not know your case in the way that a lawyer who has examined your documents and discussed the circumstances with you does. It also cannot yet examine all precedents (because not are all online…) and decide courses of action best for your case. Also it probably does not have every bit of evidence that a lawyer has asked you for or found themselves. Artificial Intelligence can also make mistakes, and unfortunately those mistakes are not always obvious.
At Molina Solicitors, our aim is not to discourage clients from informing themselves or to persuade people to pay for legal advice they do not need. It is to help clients avoid making costly decisions (and that includes wasting time and money). Which are based upon information that may be incomplete, outdated or simply does not apply to their circumstances.
A five-minute AI answer can be extremely useful. However, before making an important legal or financial decision or allowing it to guide you, make sure the advice you are relying upon is correct. And if you wish to get a second opinion on a serious legal case, we do recommend that you see another lawyer, better than turning to AI.