On July 1, 2014, we shared a post, titled “The Value of a Lawyer – More Than a Scrivener”, highlighting the difference between a skilled lawyer and someone who simply drafts documents. Now, over a decade later, the role of a scrivener has been replaced by artificial intelligence. In this post we explore some of the risks of relying on a “virtual scrivener” to draft and negotiate your contracts.

1. AI tools often fail to tailor language in accordance with specific state and local laws. A clause which is valid in California may be unenforceable in New Hampshire.
2. Due to its unfamiliarity with your specific needs, an AI tool may omit crucial clauses which could prove costly in case of a future dispute or even lead to unnecessary litigation.
3. Although clauses drafted by AI may sound like “legalese”, they may be unclear, ambiguous, or even contradict other parts of the contract. This could lead to several clauses, or even the entire contract, being unenforceable.
4. AI is incapable of offering sound legal advice on whether a specific clause is fair or unconscionable, when it is smart to compromise, and how to protect your interests in case of a dispute.

Transactional work is about more than churning out reusable templates. At Kalil & LaCount, we have over 40 years of experience drafting, negotiating, and finalizing contracts and agreements. If you require assistance with drafting or negotiating a contract, or would like to assess your risks, please contact our office today at (603) 964-1414.