What are Common Issues with AI Generated Legal Documents?
AI generated legal documents are contracts or other documents that are created with the assistance of artificial intelligence (AI), such as Large Language Models (LLMs). The level of AI assistance can vary from creating outlines to generating complete sections.
Although the use of AI in legal document drafting is convenient and can be faster than hiring a qualified lawyer, it does pose significant risks for individuals and business owners.
Read the rest of this article to explore common issues with AI generated legal documents. We’ll include:
- Common legal risks associated with AI generated legal documents.
- How to review AI generated contracts for clarity.
- How a lawyer can assist you with reviewing and drafting legal documents.
- Where to find a lawyer for help.
What are Legal Risks of AI Generated Legal Documents?
Legal contracts and documents created with AI tools might ignore certain laws or updated regulations, which can have legal and financial consequences.
For example, a company creating an AI contract with a vendor might not realize that it’s not legally compliant or doesn’t meet specific rules. If the vendor feels harmed by this or parties enter into a dispute, the vendor might take legal action against the company.
Some common legal issues in AI generated documents include:
- Data privacy concerns. Implementing sensitive information in an AI contract requires adherence to privacy laws, of which AI might not be informed. It’s also worth considering that AI services could use the inputted data to train their models, which could expose your business trade secrets and other private information.
- Copyright and ownership concerns. If an AI tool has drafted a legal contract, copyright becomes an issue. It’s not always clear if the owner of the contract owns the prompts and generated content. Should ownership be disputed, this can result in legal risks.
What Should You Look for in AI Generated Legal Documents?
If you or another party is using a legal document created with AI, you’ll want to closely review it for accuracy. Here are some things to spot.
Vague Phrasing
Check the entire document for any vague or ambiguous wording that can leave the contract’s terms open to misinterpretation, potentially causing legal disputes in future.
Missing Information
Since AI doesn’t have the full picture about your specific situation, working relationship, policies, and contract requirements, there could be gaps in the legal document. Some sections, such as dispute resolution methods, might be missing.
Incorrect Legal References
It’s important to review all legal references and research them so that you can check that they’re correct and updated. This requires due diligence so that your document is legally valid and enforceable.
Generic Approach
An AI-drafted legal document isn’t customized to your requirements, which is why it might be too general or broad. You’ll have to be prepared to revise the document so that you include clauses that protect you or are aligned with real-world scenarios you could face.
Lack of Human Judgement
Since AI doesn’t have the ability to make judgments or exercise empathy, you could find that this is lacking in your document. For example, you might find that the wording is correct but doesn’t apply to real-world scenarios. There could also be one-sided clauses in the contract that favor one party over the other.
How Can a Lawyer Help You with a Review of AI Generated Legal Documents?
A lawyer can conduct a thorough review of a contract or other business document you’ve drafted with AI assistance. Here are some ways in which they can do that:
- They’ll notice mistakes or omissions that you might miss because they’re hiding in complex sections of the document, such as intellectual property (IP) rights.
- They’ll ensure the contract or document is aligned with all relevant laws, which AI tools might not include.
- They’ll assess if the document protects your business interests and minimizes your risks.
- They’ll consider your specific situation and customize the document so that your goals and legal requirements are included.
- They’ll consider any unintended consequences in the document that could result in legal or financial issues later, such as lack of legal enforceability.
- They’ll clarify any vague wording that can be open to misinterpretations.
- They’ll provide legal advice beyond the document in question so you can feel confident to draft one that’s legally solid.
- They’ll check that the document is aligned with other company documents, such as policies, for clarity and cohesion.
Should You Get a Legal Review of Your AI Generated Legal Documents?
It’s in your best interests to hire a lawyer to review legal documents you’ve drafted with the assistance of AI. They will spot red flags or issues in the content that you might’ve missed. You can also ask a lawyer to draft a contract from scratch.
Here’s how you can request a drafting or review on ContractsCounsel, one of the largest online marketplaces where clients connect with qualified lawyers who have been vetted on the platform:
1. Go to the ContractsCounsel marketplace, where you can post your project for free.
2. You’ll receive multiple bids from lawyers directly on the platform who can assist you.
3. Once you receive the lawyer bids, you can review the lawyers' profiles. There’s lots of info on the platform to help you choose the best lawyer, such as their location, client ratings, years of experience, and field of expertise.
4. Connect with a lawyer you think is best suited to your requirements and hire them.
The process quick and convenient, as you don’t have to cold-call traditional law firms or conduct your own research into local lawyers’ expertise.
