DeGioia Law Policy on the Use of Artificial Intelligence
We understand that many clients use ChatGPT and similar AI tools. These programs can be helpful for organizing your thoughts or coming up with questions to ask us. They should not be used as a substitute for legal advice.
The easiest way to work with our office is to tell us what you want to accomplish in your own words. You do not need to research the law, figure out the correct legal terminology, or draft language for us.
For example, if you want a child’s inheritance held until a certain age, tell us that. If you are concerned about protecting a beneficiary, choosing a trustee, or deciding who should make decisions for you, tell us the concern. We will advise you on the appropriate way to address it.
Please do not use AI to draft or review legal documents
We ask that clients not use AI to draft wills, trusts, powers of attorney, medical directives, contracts, pleadings, or other legal provisions for us to incorporate into our work.
We also ask that you not use AI to review documents we have prepared and then send us lengthy AI-generated comments, proposed revisions, or legal arguments for a point-by-point response.
AI programs can give answers that sound convincing but are wrong, incomplete, outdated, based on the law of another state, or inconsistent with other parts of your legal plan. Reviewing and correcting that material can add significant time to a matter without improving the end result.
You are always welcome to ask us why something is drafted a certain way or to tell us that you want something changed.
Be careful with confidential information
Please do not upload communications with our office, draft documents, legal advice, financial records, medical information, Social Security records, or other confidential information into an AI program.
Attorney-client privilege depends in part on keeping attorney-client communications confidential. Sharing those communications or documents with an outside AI provider may put that confidentiality at risk and, depending on the circumstances, could create an argument that privilege has been waived.
If you are unsure whether something is appropriate to upload to an AI service, please ask us first.
AI should not interfere with our representation
We are responsible for exercising our own professional judgment and giving you legal advice based on your particular circumstances.
We will not include language in a document simply because an AI program recommended it, and we may decline to make a requested change if we believe it is legally inappropriate or inconsistent with your overall plan.
Occasional use of AI is not a problem. The issue arises when a client repeatedly relies on AI-generated legal advice over the advice of our office, insists that we follow AI-generated drafting or strategy, or requires us to spend substantial time responding to AI-generated legal analysis.
If the use of AI begins to interfere with our ability to represent you effectively, we may ask that you stop using it in connection with the matter. Continued use that materially interferes with the attorney-client relationship may result in our withdrawal or termination of the representation, subject to the applicable rules governing attorney withdrawal.
Additional fees
Reviewing extensive AI-generated research, proposed legal language, or lengthy AI-generated revisions may also fall outside the normal scope of our representation.
If additional attorney time is required for that work, it may result in additional fees. For clients using a legal services plan, this type of review may not be covered by the plan.
Bottom line
Use AI to help organize your thoughts if you find it useful. Please do not use it to act as your lawyer.
Tell us what you want to accomplish, ask us your questions, and let us handle the legal analysis and drafting.