Why do you need a lawyer in a family case and not ChatGPT?

We live in an age where artificial intelligence can write a poem, translate a text and explain legal complexities. So it's no surprise that more and more people facing a divorce, a child custody battle or an alimony arrangement, instead of reaching for the phone to a lawyer, ask ChatGPT first. It's tempting: fast, cheap, available anytime. The problem is that in family matters, this shortcut can cost dearly.

AI hallucinates, and literally

Before moving on to what AI simply cannot do, it is worth understanding a fundamental technical problem: language models make up facts. This phenomenon even has its own name - hallucination. In practice, this means that a chatbot can state in all seriousness and without a moment's hesitation:

• non-existent judgment references - they look plausible, they are formatted as if they were real, but when you check them in the case-law database, it turns out that the case never took place or it concerned something completely different
• fictitious theses of Supreme Court decisions - AI is able to summarise a judgment that never came down, citing a specific date and panel of judges,
• outdated or erroneous legislation - Family law is changing and AI models have a cut-off date for their data and do not always know which laws no longer apply.

Imagine submitting a letter to the court on the basis of such „advice”, citing a ruling that does not exist. For the judge, this is a warning signal.

A lawyer quotes rulings that actually exist. And he knows which ones are relevant to your case.

The courtroom is no place for theories

Artificial intelligence knows the law in theory. But the law in the courtroom works very differently from the law in the textbook. An experienced family lawyer can:

Read other people's emotions. He sees when the judge is sceptical of the witness's testimony and immediately adjusts the questions. It sees when the other side is bluffing at the negotiating table and knows when to hold the position and when to let go. The chatbot sees nothing, does not sit in the courtroom and does not react to what is happening here and now.

Build a strategy on an ongoing basis. Every hearing takes you by surprise. A witness testifies differently than you assumed, the opposing attorney suddenly makes new requests for evidence, the judge asks a question that wasn't on the list from ChataGPT. The lawyer reacts immediately. The chatbot does not react at all.

Make an impact by their very presence. Tone of voice, pausing at the right moment, confidence at the lectern, these are the tools that realistically shape the course of a hearing. Artificial intelligence has no voice, body or presence.

Family law is often emotional

Divorce, child custody battles, domestic violence, division of assets after a marriage of many years, people come to the law firm at the most difficult moments of their lives. They do not always know how they should react, they make decisions under the influence of their emotions.

An experienced family lawyer is able to separate emotions from facts. He or she is able to guide the client through a difficult situation not only effectively legally, but also humanely. He or she is able to sense that the client, who has come to demand sole custody of the child, really needs, above all, a sense of security, and that perhaps joint custody, properly regulated, will give her this better than a long-running court dispute.

eral jurisprudential habits that can determine the outcome of a case more than the rule itself.

The local context that artificial intelligence does not know

The law is one thing. Litigation practice is another. A solicitor practising for years knows:

• how specific judges approach, for example, the amount of alimony,
• which arguments are really convincing in cases of contact or parental authority,
• what is the practice of the court concerned with regard to security interests during proceedings,
• When it is worth requesting mediation and when mediation will only prolong the case.

Artificial intelligence knows the law in theory. It does not know your court, your judge or the local jurisprudential customs that can determine the outcome of a case more than the rule itself.

Process strategy requires creativity

Every family case is different. Different property arrangements, different family dynamics, different needs of the children, different relationships between the parties. A good lawyer can see an out-of-the-box angle that fits just that particular situation, and that can completely change the course of the proceedings.

AI generates typical solutions to typical problems. If your case is standard, that may be enough. But family cases are rarely standard, because behind each one are people with unique stories.

When can AI help and when can it harm?

AI can be a useful tool at the initial orientation stage. It can explain general legal concepts, help you understand the difference between a divorce with and without fault, or make a list of the standard documents needed to file a petition. At this stage - and only at this stage - it can be helpful.

But already when drafting a pleading, evaluating a strategy, negotiating with the opposing attorney or representing yourself in court, using ChataGPT or other tools can be risky. Non-existent rulings provided by artificial intelligence can undermine your credibility. A misinterpretation of the law can foreclose claims to which you are entitled. A missed procedural deadline can derail your entire case.

Legal aid in family matters - Cracow

Barrister Barbara Witecka I specialise in family law. I accompany clients in divorce cases, child support proceedings, child custody determinations and property division, every step of the way, from the initial interview to the final judgment.

If you are facing a family case and wondering where to start -. contact me. The first conversation will allow you to assess the situation and determine what your options are.