Artificial intelligence can produce a legal document in seconds. But is it accurate, legally sound or even relevant to your case? And could using it actually damage your position or increase your legal costs?
Artificial intelligence is transforming the way we work, research and access information. Tools such as ChatGPT can answer questions, explain unfamiliar terminology and produce impressively detailed documents almost instantly.
For someone facing a legal problem, the attraction is obvious.
Why pay a solicitor to prepare a document when AI can produce something that looks remarkably similar in a matter of seconds?
The problem is that looking like a legal document and being a legally correct, effective document are two very different things.
At BHP Law, we recognise the enormous potential of AI. Used appropriately, it can be a valuable tool. But there is a growing concern across the legal profession and judiciary about people relying on AI-generated legal advice, arguments and documentation without understanding the risks.
And those risks can be considerable.
Just Because AI Sounds Convincing Doesn’t Mean It’s Right
One of the most significant problems with generative AI is something known as hallucination.
Put simply, AI can invent information.
It can produce references to court judgments that do not exist, quote legislation incorrectly, misinterpret legal principles or confidently explain rights and obligations that do not apply to your circumstances.
More worryingly, it can present all of this in polished, authoritative language that makes the information appear entirely credible.
AI doesn’t necessarily tell you when it is wrong.
It may not distinguish between English and Scottish law, recognise that legislation has changed or understand that a particular legal principle depends on a very specific set of circumstances.
And if you ask it to strengthen your argument, it may generate increasingly persuasive language without properly testing whether the argument has any legal merit.
Confidence is not competence. And a convincing answer is not necessarily a correct one.
This is particularly dangerous when dealing with employment disputes, family proceedings, commercial contracts, property transactions or litigation, where the consequences of getting something wrong can be serious.
The Courts Are Already Losing Patience with Poorly Prepared AI Documents
This is no longer a hypothetical concern.
In September 2026, the Employment Appeal Tribunal considered the use of AI-generated documentation in Hancox v Sutherland and Others [2026] EAT 139.
The appellant, who was representing himself, had submitted a staggering 300-page skeleton argument generated using ChatGPT.
A skeleton argument is intended to provide a concise explanation of the legal arguments being advanced. It is not supposed to be an encyclopaedia of every possible point that might conceivably be raised.
The document failed to comply with the Tribunal’s procedural requirements.
The judge, Marcus Pilgerstorfer KC, highlighted the risks of AI-generated submissions being excessive, inaccurate, unfocused and potentially misleading.
The judgment reinforced that litigants must take responsibility for the documents they submit, ensure they comply with procedural rules and concentrate on their strongest, most relevant arguments.
The original employment claims had been struck out for separate reasons relating to the claimant’s conduct during the proceedings, rather than his use of AI. However, the appeal judgment provides a powerful illustration of the difficulties caused by excessive AI-generated material.
The message from the judiciary is increasingly clear.
More paperwork does not mean a stronger case. More arguments do not mean better arguments. And AI-generated submissions are not exempt from the rules of the court.
Courts and tribunals can reject non-compliant documents, require them to be rewritten and, where the applicable legal tests are met, impose costs sanctions or strike out proceedings.
Using AI does not excuse a failure to follow the rules.
Your Solicitor Is Not Just There to Read What You’ve Written
There is a fundamental misunderstanding about what solicitors actually do.
A solicitor’s role is not simply to draft letters, complete forms or reproduce legislation.
A good solicitor brings together legal knowledge, professional judgment, experience and strategy.
They understand which facts matter, which arguments have merit, what evidence is required and how the law applies to your particular circumstances.
They also understand something that AI frequently struggles with: knowing what not to include.
A carefully constructed legal argument may rely on three strong points rather than thirty weak ones.
An experienced solicitor knows when to challenge, when to negotiate, when to compromise and when pursuing a particular course of action is likely to do more harm than good.
They understand the procedural rules, the expectations of the courts and the practical realities of resolving disputes.
Crucially, they can advise you when your preferred approach may not be in your best interests.
AI can generate an argument. A solicitor can assess whether that argument should be made at all.
That distinction matters enormously.
The Hidden Cost of AI: Your Solicitor’s Time Is Not Free
One of the biggest misconceptions about using AI for legal work is that it will automatically save money. In reality, it can do precisely the opposite.
Most solicitors charge for their time in six-minute units, with the amount depending on the nature of the work, the fee arrangement and the experience of the person undertaking it.
Every document that needs reviewing, every lengthy email requiring consideration and every unnecessary legal argument that needs checking can add to the time spent on your matter.
Imagine asking an AI tool to prepare a detailed account of your dispute.
Instead of producing a clear, three-page summary of the facts, it generates 50 pages of legal commentary, suggested arguments, references to legislation and lengthy explanations of your supposed rights.
You send the entire document to your solicitor, believing you have saved them time.
But what happens next?
Your solicitor may need to read it, separate fact from speculation, verify the legal references, identify errors, disregard irrelevant arguments and establish what actually matters.
Only then can they begin providing the advice you needed in the first place.
Let’s Put That Into Perspective
Suppose your solicitor’s hourly rate is £250 plus VAT.
If an unnecessarily lengthy AI-generated document takes two hours to review and check, that could amount to £500 plus VAT before any substantive drafting, negotiations or further advice.
And if the document contains inaccuracies that need correcting, the cost could rise further.
Of course, not every solicitor charges in this way. Fixed fees and other charging arrangements are common, and the time required will depend on the document and the matter.
Nevertheless, the principle remains.
You could end up paying a qualified professional to untangle a document that you never needed to create.
The irony is that the technology you used to save money may have increased your legal bill.
There Is Also the Question of Confidentiality
Legal matters often involve highly personal, commercially sensitive or confidential information.
Employment disputes may contain salary details, medical information or allegations about colleagues. Family matters can involve children, finances and deeply private circumstances. Commercial disputes may involve contracts, financial records and commercially sensitive negotiations.
Before uploading any of this information into a publicly available AI platform, you should consider how it will be stored, processed and potentially used.
Not all AI platforms provide the same safeguards, and entering confidential information into an unsuitable system can create significant data protection and confidentiality risks.
It may also raise issues concerning legal professional privilege.
In August 2026, the Solicitors Regulation Authority issued a warning notice highlighting concerns about inaccurate AI-generated legal material and the inappropriate disclosure of confidential client information.
The risks are real, and both legal professionals and clients need to take them seriously.
So, Should You Avoid AI Altogether?
Absolutely not.
AI has a useful place in helping people become better informed and better prepared before seeking legal advice.
The key is understanding the difference between using AI to prepare for a conversation with your solicitor and using AI to replace that solicitor.
Where AI Can Be Helpful
- Understanding terminology: Asking for a plain-English explanation of terms such as unfair dismissal, probate, mediation or breach of contract.
- Organising your thoughts: Creating a clear chronology of events using information you have checked.
- Preparing questions: Identifying matters you would like to discuss during your legal consultation.
- Exploring general information: Understanding broad legal concepts and possible processes, subject to independent verification.
- Summarising your concerns: Helping you produce a short, factual outline of the problem you need advice about.
Used in these ways, AI can help you approach your solicitor with greater clarity and confidence.
Where You Should Be Extremely Cautious
- Drafting legal documents for signature: Do not assume an AI-generated agreement, contract, will or settlement document is legally effective or protects your interests.
- Preparing court or tribunal submissions: Do not submit AI-generated arguments, evidence or legal authorities without checking their accuracy, relevance and compliance with procedural rules.
- Relying on AI’s interpretation of the law: Do not assume it has identified the correct legislation, jurisdiction, deadlines or applicable legal tests.
- Generating endless correspondence: Avoid sending lengthy AI-produced letters and emails that repeat arguments or introduce irrelevant legal points.
- Uploading confidential documents: Do not put sensitive personal, client or commercially confidential information into AI systems without understanding the safeguards.
- Treating AI as your legal adviser: Do not rely on it to determine the best legal strategy or make decisions with potentially significant consequences.
How to Get the Best Value from Your Solicitor
If you are preparing to speak to a solicitor, there is a much more effective approach than arriving with a 50-page AI-generated legal argument.
Start with the facts.
Explain what happened, when it happened, who was involved and what outcome you would like to achieve.
Prepare a straightforward timeline and identify the documents that genuinely matter.
Be clear about your concerns, but allow your solicitor to determine the legal significance of the information you provide.
If you have used AI to research your situation, tell your solicitor. There is nothing inherently wrong with doing so.
Just be open about which information came from AI and avoid presenting unverified legal conclusions as established facts.
And perhaps most importantly, ask your solicitor what information they actually need before sending large volumes of material.
A concise, accurate summary of your circumstances is often far more useful than an impressive-looking document filled with legal terminology.
AI Is Evolving. So Is the Legal Profession.
The legal profession is not standing still.
Law firms are increasingly exploring AI to support research, document review, administrative processes and other aspects of legal service delivery.
The judiciary is also examining how AI can be used safely and responsibly.
However, there is an important difference between technology being used within a professionally supervised legal environment and a member of the public relying on an unverified AI-generated document.
Solicitors are subject to professional regulation, duties of confidentiality, standards of competence and obligations to the courts and their clients.
AI chatbots are not regulated solicitors. They do not owe you those same professional duties, and their output does not come with the protections associated with receiving advice from a qualified legal professional.
Technology can support professional expertise. It does not automatically replace it.
The Bottom Line: Use AI to Ask Better Questions, Not to Make Your Legal Decisions
There is a reason solicitors undertake years of education, training and professional development.
Knowing the law is only part of the job.
Understanding how to interpret it, apply it, challenge it and develop the right strategy for a client’s individual circumstances is where genuine legal expertise comes into play.
AI can be a useful starting point. It can help you understand unfamiliar concepts, organise information and prepare for a productive conversation.
But it cannot be assumed to provide the judgment, accountability or tailored advice of an experienced solicitor.
And when legal rights, finances, employment, family relationships or business interests are at stake, getting it wrong can be far more expensive than getting proper advice in the first place.
Before you spend hours asking AI to build your legal case, consider spending a little time speaking to someone qualified to advise you on whether you have one.
How BHP Law Can Help
At BHP Law, we believe that good legal advice should be clear, practical and focused on achieving the best possible outcome for our clients.
Whether you need advice on an employment dispute, family matter, property transaction, commercial agreement or potential litigation, our experienced team can help you understand your position, identify the issues that matter and develop an appropriate way forward.
You do not need to arrive with a lengthy legal argument.
You simply need to tell us what has happened and what you are hoping to achieve.
Let us take care of the law, the strategy and the detail.
BHP Law | Clear Advice, Trusted Values.
