3rd Aug 25 7:11 am
JamieThe emergence of generative artificial intelligence in late 2022 heralded an era of rapid change in how non-programmers interacted with the digital technologies (”tech”) they used every day. Some of the most notable shifts have come in the degree to which programs can be customized and tailored to particular industries and even specific types of work within those fields. For law firms and their clients, the development of specialized AI legal tech has made organizing crucial research related to case law and referencing a streamlined process when the tools are managed effectively. Ineffective integration of AI legal tools, on the other hand, can easily result in embarrassing mistakes.
In this shifting legal and technological environment, the risks of miscommunication and mismatched expectations are high – making it imperative for attorney-client conversations to include discussions about whether, and how, AI legal tech will be used in handling each individual case. Potential concerns may have especially high stakes in delicate matters such as divorce appeals. At Colorado Divorce Law Group, we welcome these conversations as part of our holistic approach to personalized client care. Call (720) 593-6442 today to schedule a private consultation with our divorce appeals team in which we can take a multi-dimensional approach to examining your case.
The Judicial Branch of Colorado has already addressed some cursory questions related to the use of AI legal tech in the broadest sense, but we can expect more issues to arise as more attorneys (and courtrooms) adopt generative AI tools as part of their ordinary workflows, and as the technology on which these tools are based continues to develop. Crucially, as well, both clients and attorneys should expect that there may be some differentiation in the specific AI legal tech employed depending on case type, and perhaps correspondingly different guidance from the Colorado courts, as well as common case management strategies. Some law firms, for instance, are already finding “behind the scenes” uses of AI legal tech in tracking and automating their administrative activities.
Law firms have enhanced privacy needs in their client relationship management (CRM) software and processes, compared to the norms in many other industries. In some instances, as well, attorneys and legal staff may need to track highly specialized types of information. Like certain other fields, therefore, the practice of law imposes certain profession-specific demands on the tools employed in day-to-day operations, and sets correspondingly high standards for the performance of these tools in mission-critical functions.
At the same time, many of the administrative uses of AI technologies in law firms are often not so different from those of other businesses in industries where advanced data protection needs and a consistent demand for granular detail in their tracking and billing systems are the norm. This “business” side of AI legal tech is generally subject to the same rules for protecting clients’ privacy, and of course for conducting thorough work and providing an accurate accounting of tasks performed, as any other software or filing system used in law firm management.
Some types of information organized will likely be specific to practice area – for example, personal injury firms may find it helpful to automate predictable computations of damages as they begin preparing their demand letters on behalf of injured clients. In divorce appeals, on the other hand, the overwhelming majority of legal research – which constitutes much of an appellate attorney’s preparation for trial – centers on reviewing the statutes that pertain to the client’s case, and the existing case law that has established precedents for their interpretation. Only on the basis of such research will a divorce appeals lawyer be able to present a compelling brief outlining where and how the judge granting the divorce erred in the original decision. The potential risks and benefits of AI legal tech for divorce appeals are therefore to a large degree founded in textual analysis and comparison – and breadth of knowledge, which is an area in which the latest artificial intelligence models can excel, although not without occasional errors.
There are two main points to keep in mind when considering how the increasing use of legal tools based on artificial intelligence may affect your Denver area divorce case. The first and most obvious point is of course how the most up-to-date AI legal tools differ from the research and case management software programs law firms have been using for many years. Any changes there, however, cannot be understood without reference to how a case progresses. The second point, therefore, is the Colorado divorce appeal process unfolds – what the essential steps are, and how they differ from those that may be familiar to you from the proceedings in your original divorce trial.
Many Colorado divorces are managed at the trial level by magistrates. While magistrates in Colorado may rule on motions to modify orders in family law cases without the consent of the parties, permanent orders regarding the contested matters in a contested divorce (i.e., the matters that must be decided by the court because the parties were not able to reach an agreement) may only be heard by a magistrate with the consent of both parties to the case, under Rule 6(b)(2) of the Colorado Rules for Magistrates (CRM).
Court decisions on contested matters are, for obvious reasons, the ones most likely to be appealed – but the consent requirement has procedural implications, because the process for challenging magistrate orders on a matter not requiring consent begins with a Petition for Magistrate Review, rather than a Notice of Appeal to the Colorado Court of Appeals, according to Colorado Law Help’s guide to family law appeals procedures. Magistrate orders issued on matters that require consent under CRM 6(b)(2) require appeal directly to the state’s appellate courts under CRM 7(b). A Colorado appellate attorney with Colorado Divorce Law Group may be able to help you review your case history and determine the proper appeals process.
One of the sharpest procedural and strategic differences between a divorce trial and Colorado divorce appeals is that a divorce appeal, unlike a typical trial, will not involve the collection and presentation of evidence. The disclosure and discovery process, so essential to the preparations for many divorce hearings, is replaced, in a sense, with the assembly of court records (usually this process begins with the appellant requesting a transcript of their case).
Preparations for appealing a divorce in Colorado typically consist of:
Because divorce appeals in Colorado do not involve any assessment of evidence, as would be common in divorce litigation in the trial courts, AI legal tech’s potential as a tool for organizing and analyzing evidence will not normally play a role in appellate cases. In the research of case law, on the other hand, AI legal tools may prove to be an asset when properly managed.
If you have recently received the court’s final orders in your Colorado divorce and you are contemplating your options for appealing the court’s decision, you may reasonably have concerns about the use of AI legal tech and how it might be used to streamline vs. complicate your situation. Discussing the Colorado divorce appeals process with an experienced attorney may help you to understand how attorneys are implementing the use of AI legal technologies, as well as pitfalls to watch for when conducting research or developing case briefs with the assistance of artificial intelligence. Contact Colorado Divorce Law Group to schedule a conversation with a member of our appellate team. Call (720) 593-6442 in the Denver metro area today.
