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34 www.canadianlawyermag.com As more family lawyers embrace the potential of an AI-assisted practice, Michael McKiernan looks at how they can protect themselves Using AI safely in family law LEGAL REPORT FAMILY LAW FOR MANY family lawyers, Fraser MacLean's first encounter with artificial intelligence would have been enough to put them off incorporating the emerging technology in their own practice. As counsel for the claimant in Zhang v. Chen, his team at MacLean Law helped uncover fake cases in a court filing by the respondent that ChatGPT had hallucinated. The subsequent ruling by BC Supreme Court Justice David Masuhara, in which he held MacLean's opposing counsel personally liable for costs, went viral in legal circles in Canada and worldwide. "Before then, I had little or no experience with AI," MacLean says. With that spectacularly vivid cautionary tale in mind, MacLean has spent the 18 months or so since experimenting exten- sively with various AI tools – including legally focused services such as Alexi and other programs with a broader reach – to increase the efficiency of his practice. In addition to routine tasks such as proof- reading and producing document summaries, MacLean has also begun integrating AI into his litigation preparation process. He bounces around ideas for examining key witnesses or seeks input before a court appearance before a judge, whether at trial or in chambers. "The other week I ran through my submis- sions and asked [AI] for the 10 questions a judge is likely to ask me on them. It spat out some pretty good points," he says. "AI may not say what you want it to say, and you don't have to use it. However, there could be pieces of it that are helpful and brilliant." Ontario lawyer Russell Alexander was a much earlier adopter of AI and has even authored a book on the subject, documenting the impact of the technology on every aspect of family law practice, from marketing and client intake to the drafting of pleadings and financial briefs. "I went all-in on AI early on. I think it's an exciting opportunity for the legal profession," Alexander says. As the technology continues to develop, it's becoming harder for family lawyers to ignore it, he adds. "Everyone has a foot in the game, and all the major legal service providers have some sort of AI assistant, depending on whatever their niche market is. We're seeing a flood of