I receive an overwhelming amount of inquiries where I can immediately recognize a client who is ruining their case with AI. There are absolutely ways to use AI as a valuable tool when researching your case and organizing your thoughts. It is crucial to be able to understand your claims and communicate them properly when faced with discrimination in the workplace. AI is undeniably valuable in assisting with researching the law and understanding what you should do. But AI can hurt a case when it's used without the relevant context or independent verification. Notably, many AI platforms include a disclaimer in the Terms of Use explicitly stating that human oversight is needed for usage that has public welfare and social equity implications, including legal, financial, and employment-related matters. Here are some of the most common pitfalls I see:
Employees sending documents written with AI to HR or management without proofreading. Copying and pasting excerpts from a complaint or email generated by ChatGPT that accidentally includes other portions of the conversation can create the appearance that the employee is being "coached" by AI. Worse, it can leave in details that can later be used as evidence against you. A mistake like this can damage credibility and destroy a case.
AI output using language that overstates claims and misstates the law. AI accuracy is not 100 percent and it will often apply the wrong law to your facts. Even worse, it will hallucinate and cite law that does not exist. I've seen an investigator close an administrative investigation due to inconsistencies in the claimant's AI-generated statements and the evidence.
Providing case value estimations that are wildly inaccurate. The value of an employment discrimination case is dependent on many variables, and determining that number requires experience and nuance that AI has not yet developed. As such, it tends to give estimations that don't take into account factors such as timing, the resources of both parties, the employer's historical posture regarding litigation, skill of the attorneys, skill of the mediator, etc. I've seen pro se litigants whose cases would've settled much sooner if they had not submitted unreasonable demands that had no bearing on actual damages. When an employee claims damages that they are unable to verify, they lose leverage in the negotiation process.
Jeopardizing the relationship with your attorney. It's important to remember that learning language models (LLM), especially ChatGPT, tends to have a bias towards its user. It forms its answers based on a cumulation of what it learns about you, creating a bias that may prevent you from having the ability to see your case clearly. For example, ChatGPT often uses loaded terms such as "smoking gun" and "the trap," leading clients to believe certain facts have more impact and causing conflict in case strategy. It is also important to remember that there is no guarantee of confidentiality with public AI tools, and entering confidential information about your case breaks attorney-client privilege and can be subject to disclosure in discovery. If you have an attorney representing you, it's important to trust that their skill and expertise will lead to the best outcomes for your case.
Creating obstacles in finding adequate legal representation. If you are still seeking an attorney, submitting case summaries that make any of the above-mentioned errors will likely keep you on the search for an attorney. These case summaries often include language that raises red flags for some attorneys. A copy/pasted summary of legal jargon threaded together with misstatements of law signals a potential client that may be difficult to work with. Many employment attorneys work on contingency, and spending non-billable hours explaining why your AI case summary is wrong is not a valuable use of time.
Navigating employment discrimination is complex and using AI can be beneficial in gaining a better understanding of your rights. AI tools are a great starting point, but it's best to consult with an experienced employment attorney if you are dealing with discrimination in the workplace. If you have questions about employment discrimination in Georgia or Louisiana, contact my office today to schedule a free case review.