1. AI may invent or alter critical facts
AI tools can inadvertently add details that didn’t happen, change dates, modify sequences of events, or embellish conversations. In legal proceedings, even small inaccuracies in the facts can undermine your credibility and your entire case.
You may think certain details are unimportant and let AI smooth them over, but those details could be legally significant. On the other hand, AI might emphasize dramatic elements that aren’t legally relevant, making your statement seem exaggerated or emotional rather than factual.
2. Gives your opponent various ways to counterattack your claim
If your written statement reads like it was AI-generated but your deposition or testimony sounds completely different, opposing counsel may…
- Argue that you fabricated your account
- Argue you have no credibility as a witness
- Question whether your statement truly represents your account of
- Argue that by entering your claim details into an AI tool, attorney-client privilege has been lost
- Argue for outright claim dismissal
- File counterclaims on behalf of the Company
- … and the worst argument, that you have perjured yourself, which we explore below.
3. When you sign it, you stand by it
Once you sign a statement, you’re attesting that it’s true and accurate. If AI has altered the facts, you may be legally bound to defend inaccuracies you didn’t intend to make. This could harm your case because AI mistakes or misrepresentations now become a part of your sworn statement. Even worse, you run the risk of perjury or other forms of dishonesty to the court when your statement is altered by AI to a significant degree.
Solution: get an experienced employment lawyer’s advice on your statement
Lawyers are trained to work with raw, unfiltered accounts of what happened. In fact, the way that you naturally describe events – including your emotions, uncertainty, and imperfect memory – often contains important information that helps build your case.
AI is a wonderful tool for helping you clearly communicate or express yourself. But as always, accuracy and truthfulness are critical to the entire legal process and are a much higher priority than ease of expression. We recommend writing your statements yourself, sticking to clear and objective facts, and getting an initial consultation with the team at Jackson Spencer Law if you ever have questions about potential workplace discrimination, wrongful termination, employment contracts, and more.
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