Licensed attorneys can do so much more than AI when it comes to handling legal needs
Although it has become a hot topic in recent years, artificial intelligence (AI) has been around for decades.
The most common AI function that many people use every day is auto correct on their phone or computer. However, this is the type of AI that can only predict what an individual wants to do and does not generate new data.
On the other hand, generative AI is able to use what is input to create something completely new. This is the type of AI that has the potential to help people in many different areas of their life, including the creation of legal documents such as estate plans.
But is this a safe and reliable option?
Generative AI must be trained to do certain tasks; if a person were to decide to use AI to create an estate plan, they must train it to do so or find someone else who has. But how does one know if the AI has created an estate plan that has no errors? The simple answer is, without a licensed attorney, someone won’t truly know. An attorney does so much more than Generative AI is capable of, and the following are examples of this.
Personalized to your needs
An attorney has the ability to meet with a client and develop a deeper understanding of what the client wants, something that AI cannot truly do. This is due to generative AI lacking the emotions necessary to understand how a person wants to leave their legacy behind, whereas an attorney can act with compassion to help a client create the perfect estate plan for their situation. Another reason to contact an estate planning attorney is they are well-versed in what they do, they can help a client to realize that their initial plan may not be right to suit all their needs and guide them through this personal process.
More: Planning for long-term care before you need it: What are the options?
When estate planning with an attorney, one of the greatest advantages a client has is the attorney’s experience. While Generative AI can learn from the information a person inputs, it lacks the knowledge of what people generally contest or other issues within the estate plan. An attorney can pick out potential issues with an estate plan and take steps to fix them while considering what the client desires. Even a seemingly insignificant change in verbiage could completely change how a will is interpreted when the probate process begins, so by using an attorney a client can have peace of mind that what they want is what will happen in the future.
Ethical issues; security concerns
A major issue that those using AI in the legal world are facing is that AI is “hallucinating” information. In other words, generative AI is creating information that is not accurate but portraying it as though it is. To the untrained eye, it can be hard to catch when AI does this. However, attorneys are held to legal and ethical standards, so any information they use must comply with these standards. Therefore, when an attorney is hired to create an estate plan, the client can have peace of mind that all the information within the estate plan is accurate.
Lawyers are required to keep client information confidential, but AI does not have to follow this requirement. When a person inputs private financial information into an AI website, they may not know who now has access to their information. This could put a person’s input assets at risk. Meanwhile, an attorney will have specific measures in place to keep every client's information private, as they are held to attorney-client privilege.
Crafting an estate plan is not something that should be done without advice from a professional. While a person can ask AI questions and it can give general advice on estate planning, it is best to go to an attorney who will provide information that a client can trust.
Stephen J. Lacey, JD, LLM, is a member of the law firm Lacey Lyons Rezanka. His practice areas focus on estate planning and probate.
This article originally appeared on Florida Today: AI can craft legal documents: But is that a safe and reliable option?
