Using AI as a Legal Assistant: A Pro Se Litigant’s Guide
This guide explains how a pro se litigant (someone representing themselves in court without a lawyer) can use artificial intelligence (AI) platforms as a legal assistant and paralegal. AI can help with various aspects of a legal case, from initial evaluation to preparing court documents.
1. Case Evaluation and Research
AI can help you assess the merits of your case and conduct preliminary legal research.
- Initial Case Assessment: Describe your situation to an AI. Ask it to identify potential legal claims, defenses, and relevant statutes or case law. For example, you can say, “I lent a friend $5,000, and they haven’t paid me back. What are my legal options in small claims court?” The AI can outline potential causes of action, such as breach of contract.
- Legal Research: Use AI to find relevant laws, regulations, and case precedents. Provide a specific legal question or a summary of your facts and ask the AI to find supporting legal authority. For example, “What is the statute of limitations for a breach of oral contract in California?” Remember to verify all information using a reliable legal database, as AI can sometimes provide incorrect or outdated information.
- Understanding Legal Terms: AI can translate complex legal jargon into simple, understandable language. If you encounter a term like “res judicata” or “interrogatories,” ask the AI for a plain-language definition and an example of its use.
2. Document Preparation
AI can help you draft and refine various legal documents, but you must ensure they comply with court rules.
- Drafting Pleadings and Motions: Use AI as a starting point for drafting documents like a complaint, answer, or motion. You can provide a detailed factual summary and a legal argument and ask the AI to generate a draft. For example, “Draft a motion to dismiss a complaint based on the failure to state a claim upon which relief can be granted.”
- Small Claims Court Filings: AI can help you complete the forms required for small claims court. Provide your case details and ask the AI to fill in the blanks on a sample form. For instance, you could say, “Help me fill out a California small claims complaint form (SC-100) for a breach of contract case. The defendant is [Name], and I am seeking [Amount] for [Reason].”
- Structuring Arguments: AI can help you organize your legal arguments logically. Provide your key points and evidence, and ask the AI to structure a persuasive memorandum or brief. It can suggest a clear introduction, a summary of facts, a legal analysis section, and a conclusion.
- Generating Discovery Requests: Discovery is the process of exchanging information with the other party. AI can generate standard discovery requests, such as interrogatories (written questions) or requests for production of documents. For example, “Draft 10 standard interrogatories for a personal injury case.”
3. Case Strategy and Management
AI can act as a strategic partner, helping you think through your case strategy.
- Developing a Theory of the Case: The “theory of the case” is your central narrative and legal argument. Use AI to brainstorm and refine this theory. Provide your facts and ask, “Based on these facts, what is the strongest legal theory for my case?”
- Preparing for Court: Practice your arguments with an AI. Describe the judge’s potential questions or the opposing counsel’s arguments and ask the AI to role-play as them. This can help you anticipate challenges and refine your responses.
- Creating a Case Timeline: Ask the AI to help you organize your facts into a chronological timeline. This can be crucial for identifying key events and deadlines. For example, “Create a timeline of events for my landlord-tenant dispute, starting with the date I moved in and ending with the eviction notice.”
4. Important Caveats and Best Practices
Using AI for legal matters comes with significant risks that you must be aware of.
- AI Can Hallucinate: AI models can sometimes generate plausible-sounding but completely fabricated information, including citations to non-existent cases or statutes. Never rely on AI for legal citations without independent verification.
- No Legal Advice: AI platforms are not lawyers and cannot provide legal advice. The information they provide is for informational purposes only. The AI cannot consider the nuances of your specific situation or the rules of your local jurisdiction.
- Confidentiality: Do not share any confidential or sensitive information with an AI. AI platforms are not protected by attorney-client privilege.
- Jurisdictional Differences: Laws vary significantly by state, county, and even court. Always specify your jurisdiction (e.g., “California small claims court rules”) when asking a question.
- Final Review: All documents and arguments generated by AI must be meticulously reviewed and edited by you to ensure they are accurate, legally sound, and compliant with the specific rules of the court where you are filing. Ultimately, you are responsible for everything you submit to the court.