The Vibe is Off: “Vibe Lawyering” is failing the vibe check.
Artificial Intelligence (“AI”) can be an amazing tool. It can proofread your writing, brainstorm ideas, produce images, and perform countless other functions.
However, individuals are increasingly choosing to use AI for their legal matter instead of consulting with a lawyer. This causes significant problems for the individuals, not the lawyers.
Despite each lawyer at Coast Mountain Law being quite a vibe, “Vibe Lawyering” has been coined as the term to describe non-lawyers who rely heavily on free-form generative AI chatbots for legal services; from drafting filings or contracts, explaining legislation, researching cases, or corresponding with an opposing lawyer/party. Generative AI writes with extreme confidence, perfect grammar, and authoritative structure. It can look and and feel exactly like a real and legitimate document or argument. An individual "vibe lawyering" accepts the AI’s work based on this polished aesthetic and professional "vibe," rather than seeking legal advice for assistance.
Anyone who has comprehensively used out-of-the-box AI like ChatGPT, Claude or Co-Pilot knows that it can "hallucinate" incorrect information or be overly compliant with your requests. In practice, this is causing disastrous outcomes for individuals who opt to not obtain legal advice or representation.
In family law and litigation, we are seeing an increase in separation agreements that do not comply with the strict requirements in BC’s Family Law Act. We have also observed an uptick in vexatious litigants who are using AI to generate frivolous arguments and/or completely missing the mark on legal principles due to "hallucinated” case law and court procedures. Using an AI chatbot to assist you in a litigation matter will almost always result in the chatbot overstating your chances of success, which can cause you to pursue a losing lawsuit.
In employment, corporate and commercial law, we are increasingly witnessing legal documents and contracts that are clearly AI generated. These high-stakes documents are oversimplified, lack localized legal judgment and strategic foresight, and pose risks to confidentiality.
In wills and estate planning, we are seeing countless invalid Wills and other estate planning documents, which can result in unintended inheritances or expensive Court applications to correct the errors after the will-maker has passed away.
Using an AI chatbot for a legal matter can also be costly. Canadian Courts are starting to severely penalize those who are caught using AI to incorrectly prepare documents or cite non-existent case law. Earlier this month, a non-lawyer based in Ottawa was ordered to pay $10,000 for the improper use of AI in their legal proceeding. AI generated mistakes are also more expensive for lawyers to fix or back out of, rather than just assist you with preparing a valid document the first time.
The main point is this: be extremely cautious when using AI for a legal matter and check in with a lawyer to ensure what you are doing is lawful, valid and/or acceptable from a legal standard.
Many lawyers, including those at Coast Mountain Law, can provide “unbundled” legal advice and representation, meaning we can be retained for specific tasks where legal help is most needed, rather than paying for full-service representation from start to finish in a matter. Think of it as a “pay-as-you-go” approach to legal help. You get professional advice and representation where you need it most, while doing other tasks independently. It is an ideal option for clients who want to manage their budget carefully but feel confident about their legal matter.
Before (or after) using AI as a starting point for your legal matter, reach out to Coast Mountain Law LLP at info@coastmountainlaw.com to schedule a call or meeting with one of our lawyers before your vibe lawyering fails the vibe check.