11/18/2025
There is no doubt that AI (artificial intelligence) will have profound aspects on how we do things in the future. In many ways, the ability to synthesize information in a coherent way has created great labor savings and increased productivity for many people.
Unfortunately, at this point in time, many people look to AI as an all-encompassing solution to every problem and this greatly overestimates what AI can and can’t do. For example, it is no secret that in many professions, such as accounting or the legal field, AI will change the way that business is done. Already in the legal field, many transactional practices are quickly slipping away, such as the preparation of simple Wills, lease agreements, LLC formation, and simple contracts. In this way, the strengths of AI show through. It finds examples of work previously done, collates various samples into one well drafted version and produces it in seconds without the need for an attorney or the costs associated with retaining a lawyer.
And for these practice areas, lawyers are quickly realizing that AI will change our field. Unfortunately, this has led ordinary people, and even some lawyers to use AI in ways that it is not ready for. In the legal field, we will regularly read stories of some attorney that used AI to produce a legal brief complete with citations for an important case, only to find out that when the Judge’s legal clerk double-check’s the lawyer’s work, they find out that all the information is wrong. Why is that? Well, AI wants to help you out and right now it is notorious for producing material that it thinks that you want to see, so it will do that even if it has to make up the information. In the legal field we read about these stories and snicker at the lazy lawyer that lost his case and became famous for all the wrong reasons.
But we are also seeing this among regular people who, having gotten a taste of AI’s powerful tools, start to think that they can satisfy all their legal needs pro se (i.e. representing yourself without an attorney).
In my practice area of Bankruptcy, I have spoken to several people, including Bankruptcy Trustee’s and a Judge and this is becoming something of a problem. Now don’t get me wrong, you absolutely have a right to file Bankruptcy without the aid of an attorney, and in fact, many people successfully do so. In almost every case the reasons that the person was successful have to do with 1) they are highly organized, 2) they like to do research, and 3) their cases were fairly simple. In such a scenario, I see no reason why a person couldn’t file a Bankruptcy case without an attorney.
But AI creates a deceptive impression that all cases can be filed without an attorney. AI loves to produce quick and digestible answers, and it lulls you into believing that your Bankruptcy case will be just like the Will you created, or the simple divorce you filed. Here is the factor that you are missing. AI is great at giving you simple and researchable facts. When is this document due? What information has to be disclosed on what form? What AI doesn’t know how to do is predict the human factor.
In Bankruptcy, the human factor is called a “Trustee”. In every Ch. 7 or Ch. 13 case, a Trustee will be assigned to your case. The Trustee has multiple responsibilities and they also have to compensate themselves through the tools that the Bankruptcy process affords them. This is something that AI does not yet have the ability to predict.
Some Trustee’s love taking a hard look at your house. Some love potential legal claims you might be entitled to. It takes Bankruptcy attorneys years to understand what aspects of our client’s lives a particular Bankruptcy Trustee will take an interest in. Bankruptcy can be fairly simple, but it has highly technical rules, and those rules don’t always seem obvious on their face. AI won’t understand that.
The reason that this is important, is that most experienced Bankruptcy attorneys won’t take on someone’s case if they started it themselves and botched something up. AI is starting to convince people that they can fill out the Bankruptcy forms by themselves, file them, and everything will be OK. Then I usually get a call because a Bankruptcy Trustee is doing something terrible to them, or one of their relatives, and they need help. In pains me to do so, but the amount of frustration that their case will produce is not worth it. I just got off a painful 15-minute phone call yesterday where a woman must have asked me 100 times, “why won’t you take my case?”. She did her research on AI and was convinced that her plan for a Bankruptcy would have no downside for her family. I told her that I know of two Bankruptcy Trustees (at least) that would completely derail her case and go after her relatives for a huge sum of money. She had no good options. Lying on Bankruptcy forms is a very serious crime for which you can go to prison. Disclosing everything in that case would have resulted in 6 months of misery for her and her family. But AI had convinced her that it knew more than my 27 years of experience.
So, the lesson is, absolutely use AI for what it is good for. Personally, I love those talking baby videos. But at this point in time, AI can’t predict the human factor and if your legal case (bankruptcy, divorce, criminal matters, litigation) involves a human on the other side, AI tools are not going to replace an experienced and competent attorney.