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How AI is being used in Family Law

Published:
21 Apr 2024
News
How AI is being used in Family Law

To understand where legal AI is being used in family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. 

Fiona Kirkman, principal at Kirkman Family Law and Head of Legal Innovation & Engagement at CORTO, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

 

How to leverage AI capabilities  

Fiona Kirkman has been leveraging the capabilities of AI in family law for over a year. We spoke to Fiona to find out how her AI engagement has evolved since her August 2023 College update.

 “Over the past six months, the role of AI in family law has undergone a remarkable transformation with the introduction of proprietary AI legal products.” Initially, Fiona utilised AI for simple tasks like marketing and administration; however, it now plays a crucial role in her more complex legal work. 

Fiona now leverages legal AI to:

  • Search hundreds of documents to extract key details and dates.
  • Draft documents and emails.
  • Summarise lengthy texts, including the review of financial disclosure documents.
  • Compare documents to note inconsistencies.
  • Prepare comprehensive chronologies with key dates.

 

Putting your legal energy in the right place

Family lawyer Jenna Downy works as a family law solicitor and holds a College of Law LLM (Applied Law) in Family Law. She was recently invited to help ‘train’ LawY, an AI assistant that combines up-to-date, expert answers to a plethora of different questions and provides the first draft for many types of documents.

As a family lawyer, we spend much of our time and energy on working with our clients, who are often going through some of the toughest and most challenging emotional experiences of their lives,” Jenna says. “Having legal AI assist with your legal research and help with the first draft of your documents, with correct legal citations, means we can focus more on the client relationship side of family law.”

As Jenna points out, much of the time, a client will engage you as a lawyer because they trust you.

When you’re dealing with real people and real emotions, this is what clients remember most - a lawyer they trust - and having the time and space to do this is so valuable,” Jenna says. “The lawyer might not even be as experienced as another lawyer. It’s about the relationship.”

As the advancements in legal AI jump ahead in leaps and bounds, new AI legal research assistant products are beginning to incorporate verification tools. Jenna outlines an example from her recent legal AI training work.

Once you ask a question of LawY’s legally-trained AI assistant, for example, it can provide a researched response for you. But to avoid issues like hallucination [fake case reference], you can submit the AI response for verification by an experienced family lawyer (in the relevant area of law), with a minimum 5 years PQE. It’s a human sense-check that provides some ethical guardrails when using AI.”

 

Mastering the art of a good (and ethical) AI prompt

While AI is emerging as an important tool for lawyers, “Navigating AI within family law necessitates a commitment to our core ethical obligations regarding accuracy and reliability,” Fiona says.

Rule 4 of the Legal Profession Uniform Law Australian Solicitors’ Conduct Rules 2015 (USCR) explicitly mandates that solicitors must ‘deliver legal services competently, diligently and as promptly as reasonably possible.’

This directive highlights the dual responsibility that solicitors carry: to ensure not only their personal adherence to these standards but also the reliability of the technology tools and support personnel they engage in the provision of legal services,” Fiona says.

Fiona highlights the essential gatekeeping role solicitors must undertake and the critical need for accuracy and reliability in legal research. This includes the verification of AI-generated information against trusted sources to ensure the credibility and utility of the data provided.

Fiona also suggested using other measures to mitigate the risks of AI.

A pragmatic strategy, suggested by Mitch Kowalski, involves employing CLEAR prompts when interacting with off-the-shelf AI tools,” Fiona says.

CLEAR stands for:

  • Character/context: Clearly define the context or persona behind the output.
  • Lucid: Ensure the prompt is straightforward and easy to comprehend.
  • Explicit: Be specific about the desired format or style.
  • Assume less: Offer comprehensive information to enhance the AI's understanding.
  • Reiterate: If necessary, rephrase the prompt or add information to improve clarity.

The advancement of proprietary legal AI tools such as LEAP's Matter AI marks a significant step towards eradicating inaccuracies,” Fiona says. “These developments herald the provision of fully trustworthy outputs, thus alleviating concerns related to AI-generated inaccuracies.

For lawyers interested in AI but concerned about confidentiality, it's crucial to conduct thorough due diligence on AI providers, ensuring they meet high-security standards.

It is also important to have an AI policy at your firm, conduct regular updates to security protocols, and have a clear understanding of the legal and ethical implications of using AI,” Fiona advises. “AI products are constantly evolving, and it is critical to keep learning in this area.”

 

Improving productivity and the quality of work in family law

Fiona has experienced major tangible benefits from using AI.

AI has significantly streamlined operations in my family law firm by automating routine tasks, enhancing marketing, refining document drafting, and making matter management more efficient,” Fiona says. “This shift allows us to concentrate on client relationships, enhancing the overall service quality.”

Tasks like document disclosure analysis, which once took 10 hours, can now be completed in minutes. This kind of efficiency challenges how legal services are valued and billed, raising questions about the future of traditional billing methods and suggesting a potential shift away from the billable hour to fixed or value pricing models.”

And according to Fiona, AI's impact isn't limited to time savings; it also improves work quality through thorough legal research and precise document preparation.

“AI is revolutionising the drafting and review processes in family law," Fiona observes. "This not only streamlines our workflows but also significantly enhances the quality of our legal work by ensuring that every document is meticulously prepared and reviewed."

Jenna believes Legal AI is changing the way legal work is undertaken. 

Legal AI is shifting the focus from preparing the first draft of correspondence and court documents to one of review. It empowers every lawyer, even more junior lawyers, ready and able to review that first draft,” Jenna says. “In my experience, the first draft is the hardest. Trying to figure out how to frame the issues, or even how to start. To have this available to any lawyer is very valuable.

 

The future of family law

The internet changed the world, and AI has the potential to do the same. The transformative impact of artificial intelligence in law is undeniable,” Fiona says. “However, it is a tool that enhances rather than replaces the capabilities of legal professionals. By leveraging AI to extract key matter details, draft documents and emails, summarise and compare documents, and manage matter-related information, lawyers can significantly enhance efficiency, accuracy, and the quality of their services."

According to Jenna, it is inevitable that AI is going to become a part of our work as lawyers.

It is important - essential, actually - for lawyers to learn how to use technology in order to be able to adopt it in the right way. Effective adoption of technology like AI ensures that you’re best placed to safeguard your work and reputation. As with any new technology, we need to do our due diligence. We need to learn the pitfalls of AI currently in order to use it effectively, and to be able to adopt it as it improves.” 

And to keep up to date on the fast-paced legaltech and AI advancements in law, make sure to follow the Centre for Legal Innovation at the College of Law.

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The future has never looked brighter: words from our CEO on the College’s big move

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The future has never looked brighter: words from our CEO on the College’s big move

After more than 50 years at St Leonards, The College of Law is moving into the heart of Sydney’s CBD in early 2022.

A Lawyer's Guide to Getting Published

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A Lawyer's Guide to Getting Published

Looking to enhance your area of legal expertise via publication? Academic journals have long been a popular option for lawyers to establish a strong reputation in their practice area.

Navigating Family Law Changes: Insights from the LLM Program

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Navigating Family Law Changes: Insights from the LLM Program

Kathryn Kearley webinar on navigating recent the family law changes and the College of Law's family law postgraduate programs.

Reclaiming your career after a career break

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Reclaiming your career after a career break

Insights explores the issue of when lawyers decide to take a temporary break from the law, and what both lawyers and employers can do help experienced legal professionals return to the profession.

NSW introduces combined Succession & Probate Lists: Key Updates

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NSW introduces combined Succession & Probate Lists: Key Updates

Recently, the Supreme Court of New South Wales introduced combined Succession & Probate Lists, applicable to family provision claims and contested probate applications. Queensland is also trialling a Wills and Estates List and there are likely to be further implications for other jurisdictions. We spoke to College of Law Lecturer Josephine Pignataro, Special Counsel at HWL Ebsworth, about what you need to know and how this will impact your practice.

REVEALED: The College’s most popular on-demand CPD short courses for 2024

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REVEALED: The College’s most popular on-demand CPD short courses for 2024

To prepare you for what’s next, let’s unpack the College of Law’s 5 most popular on-demand CPD Digital Subscription courses. It’s the best way to keep your skills sharp – and your mind engaged.

From procrastination to passion

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From procrastination to passion

Overcoming procrastination is quite simple: passion. There must be an internal desire, not dependent on anything except ourselves. That’s why we enable our learners to choose the courses and practice areas that matter most to them - from family law to advocacy - we’re helping lawyers reclaim their power and focus on the areas that they are passionate about.

Your Guide to a Career in Legal Operations

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Your Guide to a Career in Legal Operations

In Australia, the legal profession is evolving rapidly, driven by technological advancements and complex demands from clients and employers. Legal operations professionals, not necessarily with legal backgrounds, are pivotal in integrating new technologies, project management, and process improvements to meet modern market needs.

Nationally Accredited Mediator Training Course Guide

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Nationally Accredited Mediator Training Course Guide

Download our Nationally Accredited Mediator Training handbook, if you are considering adding mediation to your skill set. Inside you'll find everything you need to know about the course.

Vale Kay Smith

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Vale Kay Smith

On Monday 15 August 2016, Kay Smith, one of The College of Law’s longest serving and most respected people died after a short illness.

Kay’s legal career began when she gained her qualification in Law through the NSW Legal Practitioners Admission Board. Kay then obtained a position as an articled clerk with a city firm at a time when there were very few openings for women in the legal profession. She was admitted as a solicitor and established a legal career. She moved from private practice to the College of Law in 1983 – the start of a 30 year career at the College.

Dispute Resolution Postgraduate Programs Course Guide

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Dispute Resolution Postgraduate Programs Course Guide

Download the Dispute Resolution Postgraduate Course Guide to learn how our program can equip you with essential skills to resolve conflicts effectively and build a rewarding career in this growing field.

Graduate Certificate in International Arbitration Practice Course Guide

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Graduate Certificate in International Arbitration Practice Course Guide

Download the Graduate Certificate in International Arbitration Practice Course Guide and unlock the skills needed to navigate complex, cross-border legal disputes with confidence and efficiency.

Property Law Postgraduate Programs Course Guide

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Property Law Postgraduate Programs Course Guide

Download the Property Law Postgraduate Course Guide and discover how our specialised program can help you build expertise and thrive in this dynamic field.

Graduate Certificate in Applied Law Guide

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Graduate Certificate in Applied Law Guide

Looking to boost your legal career but not ready to dive into a Master of Laws (LLM)?
 
The Graduate Certificate in Applied Law might be the answer.
 
Offering a flexible and affordable way to upskill, the Graduate Certificate is a popular option for busy legal professionals looking to sharpen their skills or master a particular field.
 
Download this course guide to receive more information. 
Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

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Property settlements, pets and children’s arrangements in the Family Law Amendment Bill 2024

Following a series of reviews of the family law system, on 22 August 2024 the Australian Government introduced the Family Law Amendment Bill 2024 into the Commonwealth Parliament. The Bill sets out very significant amendments, including those relating to property settlements, pet custody and children’s arrangements, which aim to modernise and improve the family law system in Australia.

50 years of expertise in one CPD solution

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50 years of expertise in one CPD solution

For 50 years, the College of Law has led the way in practical legal education.

We stand in our own lane – empowering practitioners to become the best lawyers they can be. How? With innovative, hands-on training that evolves with the demands of the legal profession.

Our CPD Digital Subscription is built on this legacy.

Self-awareness: The surprising foundation to a thriving legal career

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Self-awareness: The surprising foundation to a thriving legal career

There’s no doubt the legal sector can be an intense work environment. Thanks to heavy caseloads and fierce competition, lawyers and other legal professionals are facing stress, anxiety and burnout on a concerning scale. But according to executive transition coach and CEO at Lucent Global, Ellie Scarf, it doesn’t have to be this way. There’s one tool that can help you manage a plethora of professional challenges. That tool? Self-awareness.

5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

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5 tips on how to avoid common ethical breaches for lawyers with Athol Opas

The law is a complex field heavily reliant on knowledge, interpretation and advice. This makes for a profession that can have far reaching consequences and, as a result, lawyers are held to high standards. Athol Opas presents annual ethics updates to firms to keep them abreast of recent cases of misconduct and/or common ethical breaches. We spoke to Athol to find out about the most common ethical breaches lawyers should be mindful of and to gain his top tips on complying within ethical obligations. 

What are the top negligence claims facing lawyers today?

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What are the top negligence claims facing lawyers today?

The College of Law investigates which legal practice areas are most at risk of negligence claims and why. We spoke to Lawcover’s Legal Risk Manager Glenda Carry about the practice areas most affected by negligence claims, what behaviours can lead to adverse claims by clients, and what risk mitigation strategies law practices can put in place.

From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

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From LLB to Parliament – Australia’s Politicians-Turned-Lawyers

Australia’s recent change in leadership has set the nation’s eyes on Malcolm Turnbull. Over the coming weeks and months, the newly appointed 29th Prime Minister will reveal his mettle as a national leader.

From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

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From ballroom dancing to the law: Meet PLT alum Helena Angela Hanna

While completing her law degree and Practical Legal Training with the College of Law, Helena Hanna also kept up with her interests outside of studies. Learn more about Helena and her law degree experience.

How to merge your love of music with your legal career: Chelsea's story

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How to merge your love of music with your legal career: Chelsea's story

Learn how Chelsea Donoghue merged her lot of arts and law: How she managed her study while on world tours, what she loves most about her work at Sanicki Lawyers, and what’s next.

Graduates and prize winners recognised in June ceremony

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Graduates and prize winners recognised in June ceremony

Graduates and prize winners celebrated their achievements, received their awards and honours remotely due to continuing COVID-19 restrictions.

How AI is being used in Family Law

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How AI is being used in Family Law

To understand where legal AI use cases are showing up within family law, the College spoke with two highly experienced practitioners who have incorporated AI into their legal practice in different ways. Fiona Kirkman, principal at Kirkman Family Law, embraced ChatGPT early on in her practice, while Jenna Downy, solicitor at Family Law Matters, helped train LawY, an AI legal research assistant.

How to exit your job gracefully in law

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How to exit your job gracefully in law

For the 1 in 4 Australian lawyers considering leaving their job, the current job market is tipped in their favour. However, Australia’s legal profession is tight-knit and relatively small, so reputation matters. If you are leaving your role for fresh challenges, here are our top tips on how to exit your job gracefully in law, from the College of Law’s National Careers Advisors Ruth Beran and Susan Pincus.

Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

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Juggling full-time work, parenting and PLT possible through the College of Law, says Kerala Drew

Kerala Drew found the path to qualifying as an Australian lawyer fraught with roadblocks. Learn how she landed her first job in law, what set her College of Law PLT experience apart from prior study, and what advice she might have for lawyers looking to join the Australian legal profession.

RELATED COURSES

In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
In this short course, accredited specialist in family law, Kathryn Kearley, will guide you through the process of advising a client that is seeking urgent or interim orders (which may include an order to stop their former partner or spouse from doing something, or to compel their former partner or spouse to do something).
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
Enhance your career and skills using the Interdisciplinary Collaborative Practice (ICP) model as either a lawyer, coach or expert consultant. ICP is a proven method of alternative dispute resolution that emphasises a team-based holistic approach to managing a family breakdown and resolving disputes.
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
This course guides you through the steps of organising arrangements for children and making an application for parenting orders in appropriate circumstances.
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
Divorce in Australia is on the rise with more than 56,000 divorces granted in 2021.  Despite becoming more common, divorce remains one of the most stressful and uncertain life events. 
6 March 2025, 9.00am to 4.00pm AEDT. Join our full-day live webinar to gain essential knowledge and skills in family law, including the legal framework, dispute resolution, family law proceedings, and ethical responsibilities. Build your confidence as you learn the practice and procedures in Australia, the importance of dispute resolution, the steps in family law matters, and professional obligations in family law practice.
6 March 2025, 9.00am to 4.00pm AEDT. Join our full-day live webinar to gain essential knowledge and skills in family law, including the legal framework, dispute resolution, family law proceedings, and ethical responsibilities. Build your confidence as you learn the practice and procedures in Australia, the importance of dispute resolution, the steps in family law matters, and professional obligations in family law practice.
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
New to running your own practice? This course will equip you with essential skills in financial management, budgeting, practice systems and risk management.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
Master of Laws (Applied Law) majoring in Family Dispute Resolution Practice and Family Law equips students with the necessary and nuanced understanding of family law, the rights of individuals in the family and how to navigate complex issues with hands-on skills like negotiation, mediation, conciliation, arbitration and communication.
A Graduate Diploma of Applied Law (Family Law) provides the flexibility to balance work, life and study as you gain critical understanding and qualifications to create a meaningful career in family law.
A Graduate Diploma of Applied Law (Family Law) provides the flexibility to balance work, life and study as you gain critical understanding and qualifications to create a meaningful career in family law.
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