The risks of using AI in court, what Geelong litigants need to know

Across Australia, courts are seeing a growing number of self-represented individuals relying on generative AI tools to prepare legal documents, research the law, and draft submissions. While this may seem like a practical solution for those who cannot afford legal representation, it is increasingly creating serious issues in court.

Recent cases have shown that relying on AI-generated material can undermine an otherwise valid claim. Courts are now issuing formal warnings about the risks, highlighting the importance of accurate, reliable legal advice.

For many of those navigating criminal law or family law the Geelong region, it may be tempting to use AI, however understanding these risks is essential before trusting AI tools.

Why more people are turning to AI

The rise in self-represented litigants is largely driven by financial pressure and limited access to legal services. Legal matters can be complex and costly, so it is understandable that many people look for alternative ways to manage their case.

With AI tools readily available online, they can appear to offer a quick and low-cost solution. However, what many users do not realise is that these tools are not designed to provide accurate legal advice or apply the law correctly to individual circumstances.

Judges acknowledge the challenges faced by self-represented individuals. At the same time, they continue to stress that using AI without proper legal knowledge can significantly harm a case.

The serious problems AI creates in court

Courts across Australia have identified a pattern of issues with AI-generated legal material. In many instances, the information provided is incorrect, misleading, or entirely fabricated.

Examples include:

• Cases that do not exist
• Legal principles that are inaccurate or taken out of context
• Arguments that are irrelevant to the dispute
• Documents that fail to meet court rules and procedural requirements

When material like this is presented, the court has no choice but to disregard it. This can have serious consequences, including:

• A valid claim being dismissed
• Delays in proceedings
• Cost orders against the self-represented party
• Increased stress and confusion

Unlike working with a lawyer, there is no professional oversight when using AI. This means the responsibility, and the consequences, sit entirely with the individual.

For those dealing with Geelong criminal law matters or sensitive family law disputes, you’re best to contact professionals, like our team. The risks can have long-lasting impacts, we witness it too frequently.

Privacy and confidentiality concerns

Another significant issue is the handling of sensitive information. Many people do not realise that entering details into AI platforms may expose confidential information.

Courts and legal bodies are now warning that:

• Information entered into AI tools may be stored or reused
• Confidential details may not remain private
• Sensitive case information could be compromised

This is particularly concerning in matters involving:

• Family law disputes
• Criminal charges
• Commercial or financial matters
• Any situation involving personal or confidential information

Protecting your privacy is a fundamental part of any legal matter, and using unsecured tools can put that at risk.

Safer ways to access legal information

For those who are representing themselves, there are more reliable sources of legal information available. These include:

• Australasian Legal Information Institute
• Jade
• Official court websites and practice directions
• Public law libraries

These resources provide accurate, up-to-date legislation and case law, making them far more suitable for legal research than AI-generated content.

Where AI fits, and where it doesn’t

AI can be useful for general explanations or simplifying complex ideas. However, it cannot replace the skill and judgement of a qualified lawyer.

Legal work involves far more than summarising information. It requires:

• Identifying the correct legal issues
• Applying the law to specific facts
• Drafting documents that comply with court rules
• Presenting arguments effectively in court

These are tasks that demand experience and professional training, particularly when dealing with matters handled by established Geelong law firms, like us.

Why legal advice matters

The increase in AI-related errors is placing additional pressure on courts and often sets self-represented litigants back significantly. What may seem like a shortcut can quickly turn into a costly mistake.

Using AI without a clear understanding of the law can:

• Damage your case
• Lead to rejected documents
• Result in adverse cost orders
• Expose confidential information

A conversation with an experienced lawyer can help you avoid these risks and ensure your matter is handled correctly from the outset.

Moving forward with confidence

If you are involved in a legal dispute or considering taking action, it is worth seeking advice early. Whether your matter relates to criminal law Geelong or family law Geelong, the right guidance can make a meaningful difference to the outcome.

At Ben Von Einem and Associates, we provide clear, practical advice and strong representation for clients across Geelong, Colac, Werribee, Ballarat, and Warrnambool.

If you need support, get in touch with our team to discuss your situation and take the next step with confidence.