People long associated AI with the far future: sleek robots roaming hallways or intimidating robot overlords monitoring everything you say and do. Yet, AI is here, and it’s not so dramatic as that. With the invention of ChatGBT and other AI software, many people assume that jobs like content writing and lawyers will be rendered irrelevant. However, while fun to mess around with, ChatGBT cannot be your attorney.

What Is ChatGBT?

First things first, let’s touch on what ChatGBT is. It is a chatbot made by OpenAI that is a cross between a search engine and one of those automated help bots on sites. However, unlike either of these, ChatGBT is a natural language processing model. It is trained to understand what humans mean by questions and to answer said questions in a conversational manner.

It can write code, generate a blog post, and even provide answers to legal questions.

Can You Use ChatGBT Instead Of Going To An Attorney?

Lawyers can be expensive. For now, ChatGBT is free – and available 24/7. Since you aren’t talking to an actual person, this can cause people to feel more comfortable being more open about sensitive legal issues with an AI versus a human lawyer. It also provides prompt answers to questions, though depending on the question, it may take a few seconds to generate a response.

This combined with how thorough its answers seem to be to legal questions makes some people wonder whether or not you even need to go to an attorney for legal advice or if you can just use AI.

In short: no. You definitely cannot use ChatGBT instead of going to an attorney.

Why Can’t You Use ChatGBT Instead Of An Attorney?

AI cannot be used to make legal decisions and cannot be substituted for going to an attorney for legal counsel. There are many reasons for this.

Lack Of Personalized Advice

It cannot give you personalized advice or answer any complex questions that need analysis. What you see online may not be the best course of action for you, depending on your circumstances and the details of your case.

Lack Of Empathy

AI is not human, so ergo, it lacks that necessary human touch that so many legal cases necessitate. It will not give you emotional support.

Lack Of Expertise

ChatGBT also does not have the experience that a human lawyer has. Human lawyers rely on their extensive education and experience in order to help you as best they can. Since AI lacks expertise, it can also be inaccurate in the information it gives you.

Lack Of Judgment

Legal cases typically have a lot of nuance to them. This means that lawyers need a lot of experience, skill, and information in order to make judgment calls for your case. AI doesn’t have this; it just gives you answers without understanding the nuances of the situation.

Black And White Answers

In the legal world, answers to your questions are seldom simple and easy. Cases have people arguing both for and against them. AI just spits out answers, but attorneys look at the details to represent you well.

Law Is A Social Construct

It’s made by humans and enforced by humans. It’s constantly changing and evolving. AI doesn’t understand social constructs, just machine learning, so it lacks the complex thinking and creativity required in order to address legal issues.

Is Using AI An Unauthorized Practice Of Law?

It is also important to consider whether or not using an AI for legal purposes would constitute the unauthorized practice of law. Some courts have found that software can engage in the unauthorized practice of law, as in Janson v. LegalZoom.com. If the AI makes decisions on your behalf, such as limiting the options available to you, regardless of whether or not it charges a fee, it could be engaging in this.

While you can turn to AI for general legal information and answers to basic questions, AI, like ChatGPT, cannot be your attorney. It cannot give you advice specific to your situation and lacks the human touch many legal matters require. If you have specific questions or need legal counsel, you will need to consult with a licensed human attorney.

Be Wary Of The Information ChatGBT Gives You

This is especially important to keep in mind because while ChatGBT can give answers to questions that could seem plausible, the actual answer could be wildly incorrect and completely nonsensical. This is something that OpenAI freely admits and cautions users about.

What OpenAI Has To Say

OpenAI states in a blog post that: “ChatGPT sometimes writes plausible-sounding but incorrect or nonsensical answers. Fixing this issue is challenging, as: (1) during RL training, there’s currently no source of truth; (2) training the model to be more cautious causes it to decline questions that it can answer correctly; and (3) supervised training misleads the model because the ideal answer depends on what the model knows, rather than what the human demonstrator knows.”

What ChatGBT Has To Say

ChatGPT itself states that: “While CHAT-GPT3 is capable of generating a wide range of text, including text that relates to legal information or advice, it is important to note that it is not a legal expert and cannot provide accurate or reliable legal information or advice.”

No Information Past 2021

Something that is also useful to bear in mind about the answers ChatGBT gives you about any legal questions you ask it is that it does not have information past 2021. Thus, it won’t know about any cases from 2022 and beyond or any changes to the law since then. This is another way in which any legal “advice” you get from it could be wrong.

Potential Bias

AI can also exhibit bias, as noted by the ABA. This can cause it to display discriminatory behaviors. Bias audits and workplace guideposts given by the Equal Employment Opportunity Commission (EEOC) and the Department of Justice (DOJ) provide ways for employers to ensure that the use of artificial intelligence in the workplace remains in compliance with federal policies.

However, when you are using ChatGBT on your own, you may still get bias in the information it gives you. This can be harmful to you, as well as cause the information you receive to not be accurate.

Can Lawyers Use ChatGBT?

The American Bar Association (ABA) states that firms can use AI in order to streamline some of their work, but their workplace practices must be consistent with federal policies. There are law firms that currently use AI in order to make some of the more mundane aspects of their work more efficient.

Some of the ways that attorneys can use ChatGBT include:

Creating drafts of legal documents and correspondences.
Researching relevant case law.
Retrieve answers to common legal questions.

Of course, there are limitations to this, as mentioned in the above section. However, AI can help lawyers save time in some aspects of their work. Any information it pulls up will need to be fact-checked, but there is potential for it to help in the research process and for creating correspondences like cease and desist letters.

So, while attorneys can use AI in some aspects of their job, AI is by no means a replacement for human attorneys. If you need an attorney, you need to see a human lawyer.

Do You Need Legal Representation?

If you need legal representation, the best course of action is to consult with human attorneys, such as the team here at Kaufman, Nichols, and Kaufman. We take to time to listen to you, understand what you are seeking, and will be able to advise you on whether or not you have a case. Contact us today to schedule a consultation.

There are many reasons why someone would want to file for guardianship of an adult. If you are trying to get guardianship for an adult loved one, you’ll want to hire a family law attorney to help you. While you can try to obtain guardianship while representing yourself, the law is full of nuances and technicalities. A family law lawyer can navigate these and represent you so that you have a greater chance of being awarded guardianship.

Here is what you need to know about the basics of filing for guardianship of an adult.

When Is Legal Guardianship Of An Adult Necessary?

An adult may need a guardian if they are physically, mentally, or emotionally incapable of making decisions for themselves, such as if an adult in incapacitated, either through being special needs, through a physical or mental illness or disability, through age, or another reason.

If the court deems that the person cannot make safe or practical decisions for themselves, they may award guardianship to someone else. Evidence is needed to prove that an adult needs the assistance of a guardian.

Types Of Guardianship

You may decide to file for guardianship, conservatorship, or both.

Guardianship is similar to power of attorney. A guardian is responsible for an individual’s personal affairs, such as their treatment, residence, and safety.
Conservatorship is when you are responsible for handling the estate, or finances, of the adult the court has deemed in need of a conservator.

When you have both guardianship and conservatorship, you are responsible for the protected individual’s personal and financial affairs. You may also file for limited guardianship or limited conservatorship.

The Court is always the superior guardian. If you are awarded guardianship, you will be required to obey the Court’s orders.

Alternatives To Guardianship

If the adult you are trying to file for guardianship of can make some decisions for themselves, courts may favor an alternative to guardianship. In general, a court typically favors placing individuals in the least restrictive environment necessary.

Some of the alternatives to guardianship include:

A joint bank account, to prevent rash spending.
Representative payee, to manage funds.
Durable power of attorney for property or healthcare, to provide support in making complex decisions.
Appointment of advocate and authorization, to advocate on the protected individual’s behalf.
HIPAA release forms, to be able to receive protected medical information about the protected individual.
Trusts, as an alternative to a conservatorship.
Supported decision-making, to help the protected individual make decisions.

The court will determine the appropriate action to take.

How Can You Get Guardianship Of An Adult?

If you feel as though a loved one needs guardianship and they are over 18, you will want to hire a family law attorney to represent you. Your attorney will be able to help you navigate the process.

In general, you will need to file a petition and fill out all the necessary forms and paperwork. The court will hear your case and examine the evidence. The adult you are filing for guardianship of has the right to be present in court, to be represented by their own attorney, to have an independent evaluation completed, and to fight the claim that they need a guardian.

The judge will determine whether to appoint a guardian or conservator, to take another action, or to dismiss the case.

If you are awarded guardianship of an adult, your attorney will guide you through the process to finalize it.

Can A Guardianship Be Ended?

Guardianships can be ended. They end when either the protected individual dies or has been restored to capacity by the court. If you wish to resign as a guardian or conservator but the protected individual needs one, another guardian or conservator will need to be appointed. A guardian can also be removed by the court.

Are You Trying To Obtain Guardianship Of An Adult?

Kaufman, Nichols, & Kaufman provides family law services, including guardianship. If you are trying to obtain guardianship of an adult, contact us today to schedule a consultation. We will answer your questions and concerns and help you navigate the legal process.

When faced with a criminal charge, one will need to go through the justice system. A criminal defense attorney can provide one with the support and guidance they need in order to strive to achieve the best possible outcome. Since one hears about the adult and juvenile criminal justice systems as two separate terms, one may wonder what the differences between adult and juvenile criminal justice systems are, so that they may be better prepared to face them.

Here are some of the key differences between the adult and juvenile criminal justice systems so that one may have a better understanding of what to expect in each.

#1. The Age Of The Defendant

This varies depending on the state, but generally, a juvenile is someone who is between the ages of 10 and 17. Once one reaches the age of 18, they may then enter into the adult justice system. However, depending on the state, the maximum age for a juvenile may be 16.

There are cases in which a juvenile may be tried as an adult. This is generally when the defendant has been accused of a serious crime, such as murder.

#2. Punishment Vs Rehabilitation

One of the key differences between adult and juvenile criminal justice systems is their end goal. The juvenile justice system tends to be more lenient, as it is believed that juveniles are still learning the difference between right and wrong. As such, the end goal of the juvenile justice system tends to be rehabilitation.

On the contrary, in the adult justice system, adults are believed to know whether or not they did something wrong. Rather than rehabilitation, the focus of the adult justice system tends to be on punishment and deterrence.

#3. Terms Used

Another one of the main differences between adult and juvenile criminal justice systems is the terminology used. Some of these differences are as follows:

Crimes versus delinquent acts. While adults commit crimes, juveniles commit delinquent acts. This extends into how they are referred to, as well. For instance, while an adult who committed a crime is called a criminal, a juvenile who committed a delinquent act is called a juvenile delinquent.
Complaint versus petition. Adults have complaints brought against them in a court of law while juveniles are faced with petitions.
Conviction versus adjudication. When adults are found guilty of the charges brought against them, they are convicted of the crime. When juveniles are found delinquent, they are an adjudicated delinquent.
Sentencing versus disposition. When found guilty, an adult is sentenced to a certain punishment. However, a juvenile faces a disposition rather than a sentencing in order to determine what should happen to them.

There are quite a few differences in the terminology between adult and juvenile criminal courts, due to how the justice system tends to prefer rehabilitation for juveniles and punishment for adults.

#4. Open Versus Closed Hearings

When an adult is charged with a crime, their hearing tends to be open to the public. On the other hand, juveniles tend to have closed hearings, in order to protect their privacy. This means that when a juvenile has their hearing, it is typically just them, the judge, the lawyers, the probation officers, and the juvenile’s family.

#5. Expungement

Expungement refers to when an offense is removed from one’s records. While adults can have their records expunged, depending on the crime and the state, it is typically a more difficult process. When juveniles are found delinquent, the rules for expungement tend to be more lenient. Many juveniles have their records expunged when they turn 18.

#6. Juries

Adults are faced with a jury of their peers in a court of law. However, juveniles rarely have juries present. Rather, the judge tends to be the only person who needs to be convinced of whether or not they committed the act they were charged with.

#7. Jurisdiction

Another way in which there are differences between adult and juvenile criminal justice systems is in regard to jurisdiction. When an adult is charged with a crime, their case is typically tried in the county where the crime occurred. However, when a juvenile is charged with a delinquent act, they may have their case heard in their county of residence, rather than where the delinquent act occurred.

Do You Need A Criminal Defense Attorney?

As you can see, there are quite a few differences between adult and juvenile criminal justice systems. However, one key similarity is the need for a quality attorney to fight for you. Kaufman, Nichols, & Kaufman provides criminal defense legal services to adults and juveniles. Contact us today to schedule your case consultation and let us protect you.

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What Is ChatGBT?

Can You Use ChatGBT Instead Of Going To An Attorney?