The Ex-Files - The Divorce and Separation Podcast24 Aug

AI in Family Law: The Risks, Rules, and Reality

AI can help organise information, improve communication, and reduce legal costs. But using it carelessly in a family law matter can create new problems.

In this episode of The Ex-Files - The Divorce and Separation Podcast, Australian family lawyers Alex Wynn and Liza Friedwald discuss how artificial intelligence is being used in family law, where it can be helpful and where the risks may outweigh the benefits.

They explore privacy, legal professional privilege, inaccurate legal information, AI-generated documents, and the growing difficulty of establishing whether digital evidence is genuine.

In this episode:

• Sensible ways to use AI in a family law matter.

• Organising chronologies, disclosure, and financial information.

• Using AI to improve the tone of difficult communications.

• The risks of uploading confidential or identifying information.

• How AI use may affect legal professional privilege.

• Incorrect answers based on overseas laws.

• Fabricated cases, legislation and quotations.

• The risks of AI-generated consent orders and financial agreements.

• How secure AI tools may reduce legal costs.

• Altered screenshots, photographs, PDFs, and digital evidence.

• Why a reliable evidence trail is becoming more important.

• What to ask your lawyer about their use of AI.

Key Takeaways

• AI can be a useful starting point, but it should not replace legal advice or human judgment.

• Avoid uploading legal advice or confidential documents to unsecured platforms.

• Always check AI-generated content before sending or relying on it.

• A convincing answer may still be legally or factually wrong.

• AI-generated legal documents may not reflect your circumstances.

• Secure tools can help lawyers analyse documents and data more efficiently.

• As digital evidence becomes easier to alter, preserving its source and history will become increasingly important.

• If you do not understand your lawyer’s advice, asking them directly may be safer than uploading it to AI.

Chapters

00:00 - Introduction

02:43 - AI in Legal Practice

05:09 - Sensible Uses of AI in Family Law

07:26 - Risks and Ethical Considerations

12:24 - The Human Element in Legal Practice

15:05 - Future of AI in Family Law

20:11 - Navigating AI Limitations and Risks

22:11 - The Importance of Personalised Legal Advice

23:35 - AI as a Tool for Efficiency

24:53 - Evidence Integrity in the Age of AI

30:19 - Final Thoughts

Contact (Email)

• Alex Wynn - alex.wynn@keypointlaw.com.au

• Liza Friedwald - liza.friedwald@keypointlaw.com.au

Keywords

AI in family law, artificial intelligence, Australian family law, divorce, separation, digital evidence, legal professional privilege, confidential legal advice, AI-generated documents, consent orders, financial agreements, financial disclosure, ChatGPT and family law

Disclaimer

This podcast provides general educational information only and is not legal advice. You should obtain advice specific to your circumstances before making legal or financial decisions.

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