Keywords
Generative AI, self-represented litigants, access to justice, legal ethics, AI-assisted legal research, pro se litigation, legal technology, citation verification, attorney supervision, AI hallucinations, client comprehension, legal clinics
Abstract
Generative AI is making it easier for self-represented litigants to produce polished legal documents, but easier filing does not necessarily lead to better outcomes. This presentation examines how AI may expand access to courts while increasing weak filings, early dismissals, and burdens on the legal system.
The session reviews attorneys’ duties of technological competence, confidentiality, supervision, and citation verification. It also distinguishes general-purpose AI from legal research tools. Using a Utah third-party custody and guardianship problem, the presentation compares several tools based on statutory accuracy, legal comprehension, treatment of case law, and completeness. The results show that identifying controlling cases and applying the correct legal burden remain significant weaknesses. The presentation concludes with a practical review process centered on client understanding, verification of primary authority, testing adverse arguments, and deciding whether an AI-assisted filing should be made.
BYU ScholarsArchive Citation
Clarke Kellems, Kristen; Clarke Kellems, Kristen; and Clarke Kellems, Kristen, "GenAI and the Self Represented Litigant" (2026). Faculty Publications. 9795.
https://scholarsarchive.byu.edu/facpub/9795
Document Type
Presentation
Publication Date
2026-09-15
Language
English
College
J. Reuben Clark Law School
Copyright Use Information
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