Problems with Using AI to Present Consumer Claims

We regularly use AI and know clients are increasingly using it to present consumer fraud and other claims.   However there are problems.  

1. Distorted Searches  A consumer purchases a car as-is but states there were undisclosed problems and nondisclosure violates the Consumer Fraud Act.  Using say a question, if the dealer misrepresents the condition of the car and conceals a defect can a claim be filed under the Consumer Fraud Act and receives a positive response.  However, the dealer runs a search which says if the dealer sells a car as-is, can the consumer file a claim for a claimed defect and is told no.  Dealer keeps calling his lawyer about  the as-is disclaimer and is frustrated that the claim is not dismissed, consumer says the deception claim is clear cut.  Neither is correct and case value runs somewhere in between the consumer and dealer's perception. 
   
   
   

    2. Not understanding the settlement process  Chat GPT doesn't go to court and published material may not explain the central role of mediation or court conferences in resolving claims.  Judges and courts can get evaluate based upon number of cases settled, and if a court calendar has 20 cases scheduled, all cannot be tried.  The Court will exercise some pressure on the parties to resolve the dispute, noting problems or noting scheduling issues, you will have to be here to 2:30 and we'll tell you availability then. 

    3. Legal fees   Even if a statute provides for legal fees, the court will evaluate whether they were necessarily incurred and reasonable under the circumstances.  If a party turned a settlement near what was ultimately awarded the court could reduce the fee application. 

     4. Contingency and Presentation     A client may intelligently seek a lawyer on contingency, and note the possibility of a fee award.  Here candor counts.  It's better to say, I'm concerned about costs and the uncertainty of cases, and am therefore looking for a lawyer to handle this on contingency.  Be careful of saying I have all the material, the case is rock solid, and you will get this in damages.  An overstated claim can create the possibility that the client has unreasonable expectations and that a court-recommended settlement could be rejected.  

Bottom line, AI can help, it can quickly organize and present a lot of material, but present it to the lawyer noting its limits.