Quebec Bar Warns on AI for Legal Help

Published Date : 13/01/2025 

The Quebec Bar warns the public against relying solely on AI for legal matters, emphasizing the importance of human expertise and ethical considerations. 

The Quebec Bar is urging caution when it comes to the use of artificial intelligence (AI) in legal matters.

According to Catherine Claveau, the president of the Quebec Bar, the association’s primary mission is to protect the public.

Claveau warns, 'There are ethical and deontological issues surrounding the legal profession that are not covered by a machine.

You have to be wary.

It can never be a pure legal opinion.'

The bar has launched a national advertising campaign to make people aware of the risks associated with using AI tools for legal assistance.

'There are tools available to everyone that give you the impression that you don't need to go any further because they give you an answer to your question.

The message we want to get across is that the answer you get is not entirely adapted to your context, because the data is depersonalised.

There are nuances that cannot be provided by software,' Claveau explains.

She points out that the stakes are high, as this can lead to a loss of rights.

There are also potential confidentiality issues.

'If you do business with a lawyer, all your confidential personal information will be kept.

If you give confidential personal information to the machine, you don't know how far it can go.

There is a risk of it going astray and not being protected.

So you have to be careful before using this kind of software,' Claveau says.

Despite these reservations, the bar is not demonizing AI.

'AI tools can be an interesting starting point for the uninitiated.

The number one piece of advice is to say if you have a starting point, go with that and call a lawyer to continue the analysis with you.

Don't just rely on that because you could end up in a complicated situation,' Claveau advises.

Unlike AI tools, lawyers are accountable.

'If, for example, a lawyer makes a mistake, there is professional liability insurance so that, if it causes you trouble or damages, you will be able to get compensation, which is not the case if the loss of rights comes from a machine.'

The bar has taken a proactive approach to AI.

When the association first began discussing the arrival of artificial intelligence, they asked themselves whether they should be for or against it.

'We quickly realised that we couldn't be against it.

Artificial intelligence is now a part of our practices.

We encourage it, we don't forbid it,' Claveau states.

To provide a framework for legal professionals, the bar created a guide to best practices in this area last November.

The document will be updated in line with technological advancements.

'We'll continue to keep abreast of developments because they're evolving fast.

We'll be improving the guide over time to provide a proper framework for this phenomenon,' Claveau says.

The bar has also hired a lawyer specializing in this area to help develop their position and orientation.

Many of the bar’s 30,500 members use AI to save time.

Claveau cites documentary research, which often requires lawyers to sift through a large volume of legal works, as an example.

'We often rely on precedents in case law.

There are some very serious companies, like CanLII, that are developing increasingly sophisticated research software that makes increasing use of artificial intelligence.

Cross-referencing certain data can really save us a lot of time rather than spending hours in the library,' she explains.

Claveau also mentions court preparation.

'When we have to prepare examinations, cross-examinations, or a pleading plan, we can give data to the machine, which will help us to structure our thinking.

In terms of form, we can save a lot of time.' However, she emphasizes the need for caution.

'A human must always go back over the machine to see if the proposed model really fits the customer's situation.

You have to continue to analyse, consult your colleagues, work as a team, and validate yourself.'

Claveau insists that AI is not a panacea.

'It's not a panacea, and they are tools to make our work easier and lighter, but we have to remain vigilant and use them sparingly.' 

Frequently Asked Questions (FAQS):

Q: What is the main concern of the Quebec Bar regarding AI in legal matters?

A: The main concern of the Quebec Bar is that AI tools cannot replace genuine assistance from a legal professional and may lead to a loss of rights and confidentiality issues.

Q: How is the Quebec Bar raising awareness about the risks of using AI for legal assistance?

A: The Quebec Bar has launched a national advertising campaign to inform the public about the risks and limitations of using AI tools for legal matters.

Q: What is the role of professional liability insurance in the context of legal assistance?

A: Professional liability insurance ensures that if a lawyer makes a mistake, the client can receive compensation, which is not the case if the loss of rights comes from an AI tool.

Q: How is the Quebec Bar addressing the integration of AI in legal practices?

A: The Quebec Bar has created a guide to best practices for using AI in legal work and is continuously updating it to keep up with technological advancements. They have also hired a lawyer specializing in this area.

Q: What are some practical uses of AI in legal research?

A: AI is used for documentary research, sifting through large volumes of legal works, and preparing for court examinations and cross-examinations, which can save a lot of time for lawyers. 

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