The Danger of Using AI as a Substitute for Legal Representation

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Artificial intelligence is transforming and impacting every industry, including how attorneys work. However, too many people are relying too heavily on AI as their main or only legal defense resource. The consequences of such an approach are often disastrous, financially and otherwise. After all, a Chapman Law Group attorney will fight for our clients’ best interests.

The Benefits and Limits of AI in Legal Practice

There’s no question that AI is a powerful tool that can assist seasoned attorneys with legal research, drafting briefs, and operational functions that enhance the speed and efficiency of legal processes. This benefits our clients at Chapman Law Group because it helps us to provide cost-effective and timely service. 

However, AI is not a substitute for the judgment and experience of a licensed practicing attorney, including these specific tasks:

  • Analyze a legal program – AI doesn’t understand legal context and nuance.
  • Evaluate procedural rules and/or jurisdictional differences – These skills can have a crucial impact on a specific case or matter.

Legal Risks of Relying on AI

AI often makes mistakes related to legal issues, such as:

  • Collecting flawed information that may be outdated or irrelevant.
  • Hallucinating – which refers to generating fake or misrepresented information such as statues, rules, legal principles and even entire cases that are made up or irrelevant.

In the case of “hallucination,” this is a documented issue with many instances to point to. For example, attorneys from two law firms earlier this year submitted a brief in the U.S. District Court for the Central District of California that contained numerous hallucinated citations. These citations were generated by several AI tools and turned into an outline that was shared by the two law firms. Content from that outline was included in the final brief and even referenced two made-up cases.

The special master found the attorneys had “collectively acted in a manner that was tantamount to bad faith.” Furthermore, he imposed sanctions that included striking all language from the related briefs, denying the discovery relief sought, requiring disclosure of the matter to the client and paying the defendant’s $31,000 legal fees. The case was filed in May 2025.

The consequences of improper and arguably unethical use of AI are serious. This can result in additional time and expenses, and the risk of adverse court rulings that have long-term real-life consequences for the client.

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Cautionary Tales of When Clients Rely on AI

At Chapman, we’ve seen several instances of providers regretting their use of AI as an alternative to legal counsel:

  • One health care professional used AI to determine whether they were required to self-report a pending criminal case to various licensing boards. AI provided incorrect information. As a result, client faces disciplinary action for failure to disclose in multiple states.
  • A second health care professional used AI to support their legal defense against an agency investigation. AI provided incorrect legal citations to statutes that were inapplicable to client’s situation. The client made decisions that resulted in an escalation of the case that was otherwise statistically likely to be dismissed.
  • Finally, a provider used AI to answer an administrative complaint. The answer was promptly rejected as insufficient by the agency at least twice. This resulted in client waiving their right to trial, conceding to the facts alleged, and depriving themselves of the opportunity of a settlement.

Human Judgment Remains Essential

At the end of the day, AI is a tool, and can often be a helpful one. But it is not a licensed attorney, and especially not an attorney who specializes in the niche area that is health care law. It can’t substitute the judgment, experience, or ethical responsibilities that come with real legal representation. This is especially true in high-stakes or highly regulated areas which are common in health care law. Unlike AI, attorneys are required to act in their clients’ best interests, even when that means giving difficult advice or acknowledging that there may not be a clear cut answer. AI will often give you what you want to hear, even if that means inventing cases or citing irrelevant law. What you may want is reassurance, but what you need is sound legal advice. And currently, AI is no substitute.

At Chapman Law Group, we exclusively represent licensed healthcare professionals and understand the high stakes you face when your license, livelihood, or reputation is on the line. With decades of experience in administrative, regulatory, and disciplinary matters, our attorneys know that shortcuts like relying on AI for legal advice can lead to irreversible harm. So whether you’re under investigation, responding to a complaint, need compliance advice, or tied up in a litigation matter, our healthcare defense attorneys is here to provide real legal insight, help protect your rights, and guide you forward with confidence.

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