As artificial intelligence (AI) tools like ChatGPT become more common, many clients ask whether their prompts or interactions with these platforms can be used in family law cases. At Benjamin Kaasa Law Office, PLLC, we understand the importance of protecting your rights while navigating the complexities of Minnesota and Wisconsin family law. While AI technology is still new in legal proceedings, understanding how courts may treat AI-generated content or search prompts is critical to protecting your rights in divorce, custody, or other family law matters in Minnesota and Wisconsin.
How AI Could Affect Family Law Cases
Social media and online activity have long been considered potential sources of evidence. Now, AI interactions may also become relevant, particularly if they involve your legal strategy, discovery materials, or sensitive family information. Courts are still defining the rules, but recent cases illustrate a split. Courts in the U.S. have started addressing AI use in litigation. In some cases, prompts and outputs from AI platforms have been ruled discoverable, meaning the other side could request them as evidence. However, in other cases, AI-generated materials were protected as work product when used under attorney supervision.
For family law cases in Minnesota and Wisconsin, the following considerations are essential:
- Consumer AI tools are considered third-party platforms. Using these tools without attorney direction could expose your information to discovery.
- Work product protection may apply. If AI is used at your attorney’s direction, documenting your purpose, and using secure enterprise tools, courts are more likely to recognize these materials as protected.
- No explicit state rulings yet. Minnesota and Wisconsin courts haven’t issued definitive guidance, so caution is critical.
Key Considerations for AI in Family Law Cases
- Avoid posting confidential case details into public AI tools. Treat consumer AI like a public forum.
- Use attorney-approved, enterprise-grade AI platforms. Look for platforms that guarantee confidentiality and restrict training on your data.
- Document AI usage carefully. Record the purpose, who directed it, and what inputs/outputs were generated.
- Keep your attorney involved. AI-assisted legal research or drafting should always be supervised.
- Expect potential discovery questions. Opposing counsel may ask about AI use, so maintain transparency with your attorney.
Dos and Don’ts with AI and Legal Cases
Do:
- Consult your attorney before using AI for case-related tasks
- Use AI only for general research, not case specifics, unless counsel approves
- Document all AI interactions if directed by your attorney
Don’t:
- Upload sensitive discovery materials to consumer AI platforms
- Assume AI prompts are automatically privileged
- Share AI-generated content with others without counsel guidance
Why Local Legal Guidance Matters
Minnesota and Wisconsin family courts focus on the best interests of children, fair spousal arrangements, and equitable division of assets. Missteps with AI tools—like using unsecured consumer platforms—could inadvertently affect custody, support, or property outcomes if courts deem the information discoverable. Working with an experienced family law attorney ensures:
- Proper use of technology in case preparation
- Compliance with Minnesota and Wisconsin family law standards
- Protection of your work product and attorney-client communications
How We Can Help
AI is a powerful tool, but in family law matters in Northern Minnesota and Wisconsin, caution and attorney supervision are essential. Never assume AI prompts or outputs are automatically protected. By following best practices and working with an experienced attorney like Benjamin Kaasa, you can safely leverage modern tools while safeguarding your family’s legal interests.
Contact Benjamin Kaasa Law Office, PLLC at 218-464-3397 to discuss how AI might intersect with your family law case and protect your rights in Minnesota or Wisconsin.