Daily Dilemma #2General

The Situation

1 min read

A litigant in person used AI to help draft their witness questions before a hearing, thinking it would strengthen their case. During the hearing, the judge raised questions about how private family details had been shared with the tool — and whether that aligned with expectations around transparency and data protection.

This content reflects observational insights and lived community experiences. It does not constitute legal advice — always consult a qualified professional for your specific circumstances.

The Instinct

This raised questions for some about how the judge might react to this method and concerns about aligning with data protection principles, especially when private details were involved. The applicant shared feelings of anxiety over potential misunderstandings if this approach was seen as inappropriate. Initially, the applicant viewed using AI as an innovative solution that could strengthen their case, hoping it would be positively received by the court.

The Reality

Courts typically emphasize the importance of transparency and adherence to data protection principles. Oversights in this area can lead to complications, misunderstandings, and may impact perceptions of the credibility of the evidence presented.

The Discussion

Many litigants in person find it important to consider the implications of sharing personal or sensitive information with AI tools. Observations indicate that discussing such approaches with a McKenzie Friend may help ensure alignment with data protection regulations and general court expectations.

McKenzie Friend Note

A McKenzie Friend can assist clients in addressing these considerations by providing support, discussing the potential implications of using AI, and encouraging them to seek insight from a lawyer when appropriate.

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Published25 June 2026Last reviewed31 August 2026

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