Courts are woefully unprepared for a future where anyone with a chatbot can become a high-volume filer, or rely on chatbots for desperately-needed legal advice. 🎨: WIRED Staff; Getty Images
to “robot lawyers,” even if the outputs have mistakes or user data isn’t kept confidential? The reality is that people will use tools like ChatGPT for legal help because they can’t get help anywhere else.
Maybe it works, and chatbots help people feel more empowered and confident about coming to court. Maybe the right tool, deployed the right way, helps people without lawyers overcome all of the procedural hurdles and avoid all of the potential pitfalls that arise when filing and defending court cases. Maybebecomes a community organizing tactic, a distributed alternative to class actions.
But even if all those maybes come to pass, here’s the dirty secret about those debt case defaults: If each and every case were vigorously defended, not only would more defendants win, but courts everywhere would crack under the workload. Courts are incentivized to maintain a system that hurts defendants because they’re unable to manage the alternative.
To head off defective cases, courts should incorporate design friction into high-volume filing processes. State and local courts overwhelmingly rely on basic PDFs, which put the burden of finding and correcting errors on overworked court staff. Meanwhile, nearly every web form or API on the internet includes simple validation checks—you simply can’t submit a form that is incomplete or riddled with errors.
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