With AI becoming an ever-developing part of this new world, it is clear that it will have its part to play in the legal world. But what is the danger of AI in law and what do courts need to consider moving forward is how and when it is appropriate to use.
The danger of AI in law
We have seen the negatives to AI being used in family law with the biggest concern being that it can create fake case law. But one thing the courts may not have predicted is the use of AI and witnesses.
The recent case of R v FGD [2026] EWCA Crim 918 is a criminal court of appeal case which focused on a witnesses’ use of AI to coach themselves for cross-examination. The witness had gone home one evening and asked an AI tool a number of questions and it provided short answers in response. This resulted in the Recorder at first instance ruling no fair trial could be had.
As cited within Lady Justice May’s judgment at paragraph 12, we know any form of witness training is forbidden in all jurisdictions. She goes on later to say at paragraph 23:
[23] The coaching of witnesses in their evidence, by any means, is not permitted. All witnesses, whether for the prosecution or defence, should be firmly discouraged from resorting to the use of AI to prepare for giving evidence. Doing so could run the risk of unfairness up to the point, in an extreme case, where the court may have to consider excluding evidence.
In a world where AI is on the rise and people are struggling financially to afford legal fees, it can be seen as an easier way to be given advice. But this case reminds us as a stark reminder of the risks of using AI.
Placing your personal information (and others without their consent) into open AI may result in your information becoming public. It is important to therefore remain mindful of when we are using AI. Does AI have its benefits in law? Certainly, but it is clear there are still risks which need to be considered.
Whether you are counsel, a solicitor or a lay person, the court is clear that at no point is witness coaching allowed. It is vitally important this is upheld to ensure the right to a fair trial to occur.
Ben Butler is a sharp, pragmatic family law barrister handling complex finance, children and domestic abuse cases with calm, tactical clarity. If you’d like to discuss the dangers of AI in law in more detail with Ben or discuss a family law case with him, please get in touch.