AI TOOLS FOR EMPLOYMENT LAW
If you came to this page to discover the best AI tools to use in a case involving employment law, you will be sorely disappointed to find out that is not the point of this article. In fact, as of now, not a single AI tool is recommended in order to go about being part of a California lawsuit involving an employee against an employer. Even worse, potential clients will find that increasing numbers of law firms require them to contract, in their retainer agreements, that they will not use AI in any matter related to their cases.
AI tools are on a level of sophistication between junior high and first year law student. In addition, the use of AI tools by a party to a lawsuit might expose that party to having to disclose each question and answer AI gave them some of which were not favorable. Candidly, anybody using AI gunk in an employment case will be ruined by a real lawyer on the other side. AI tools are about theoreticals, law school theories, things that judges never do, cases that are never pursued by real lawyers, ideas that would cost so much in legal fees and costs no contingency fee lawyer would agree to the representation, and no paying client would pay for the recommendations of AI. AI tools are also a great way to subject an attorney to discipline before the State Bar, sanctions, and to be roasted as a moron. This is the truth.
EXAMPLES OF AI WASTES IN LABOR LAW
When preparing for a complex wage and hour case, just out of interest, we asked for a deposition to be summarized. A 300 page deposition of the plaintiff was summarized into 150 pages. The pages were not in outline format. Rather, the summary was 150 pages to read. A deposition summary of a 300 page deposition is not supposed to be 150 pages. Twenty pages would be excessive. The summary included conclusions like this deposition involves countervailing opinions of labor law. Well, that is why there is a lawsuit. That neither solves anything, nor gives a lawyer a relevant question to ask.
When using AI for legal research, there might be one valid case provided. However, AI will likely provide ghost citations, and citations to unpublished cases that are not authoritative. AI legal research will not show whether the case applies to the unique factual situation. It also might not provide the actual page number of the alleged rule the case stands for.
It goes without saying, forget AI coming up with meaningful testimonial questions. Cross-examination is not about AI. It is the ability to immediately respond on a human and admissible level, and to know timing. It, as well as most things in trial, require a person of community experience to judge the audience which AI can't do any time soon.
WILL AN EXPERIENCED EMPLOYEE ATTORNEY WORK WITH A CLIENT WHO USES AI ON THE CASE?
One way of combating a client using AI on the case is to have a provision in the retainer agreement between the client and lawyer that states clients agree they will not use AI. Lawyers are increasingly doing this. If a client sends bullet points before the representation that look like AI, any real employment lawyer will reject the client. Besides the danger of the client’s AI research being discoverable, contingency fee lawyers are not paid enough to deal with having to debunk AI thoughts, or provide status reports AI thinks might be relevant. Again, AI thoughts are either useless or wrong to a lawyer. Clients, however, need to be mindful that a click of a button might get them a nicely formatted AI blurb, but the time a lawyer must spend debunking the crap in writing is simply unfair and seriously interferes with what the lawyer must actually do to conduct discovery, write briefs, deal with courts, opposing counsel, and try the case.
Some lazy defense lawyers will also use AI to make invalid objections and do things they should not. The employee lawyer might spend an hour searching for a case that doesn't exist, or stress that 7 pages of a 15 page opposition is spent demonstrating why the cases defense cited can't be found, don't exist, or have nothing to do with the situation. Summary judgments might be longer, and there might be more of a burden created for the employee lawyer to deal with. Lay the employee client’s extra AI work on top of the unnecessary AI work defense creates, and the contingency fee lawyer will say no thank you to the client who is going to use AI in the same useless but time consuming way as the defense lawyer.
AI WILL NOT REPLACE AN EMPLOYEE ATTORNEY ANYTIME SOON
When firm founder, Karl Gerber, started out, most lawyers did not know how to type and certainly did not know how to use computers. The fact he did oddly distinguished him as a college student working in a law firm. In the superceding years, word processors, online research, and good accounting software has saved a lot of time in the law office, but didn't put lawyers out of work. It ultimately put typists and transcription services out of work. Every lawyer in a plaintiff's firm each had a secretary that mostly used a typewriter to write what they scribbled on pads of paper. There were entire businesses for transcribing tapes when secretaries were too busy, or were not regularly employed by lawyers. Only in 1988 or 1989 did a lot of legal secretaries even start to use PCs to do their jobs.
AI is no different than every other modern invention since electricity came into use. It is, however, creating more litigation the courts are not equipped to deal with. It may put some CPAs, family law, transactional, and bankruptcy lawyers out of work but it won’t put real employee advocate trial lawyers out of work anytime soon.
Crafting unique arguments, responding to the challenges of a witness or defense counsel that comes by surprise are not yet for AI. Knowing how to manage the economics of contingency fee representation to achieve the right balance of costs advanced versus client recovery is not a mere formula. It is based upon a lot of gut reactions and actual experiences in other cases. Understanding a client’s real goals, and realities given the facts of the case economics, opposing counsel, and the court are also not for AI.
The Employment Lawyers Group is a boutique law firm that is selective about which employment cases and employees it will represent. Each case is custom molded for what will work for the client, and will work in the real legal world. The firm is not an assembly line, but is made up of experienced, thinking employee attorneys who often caucus with each other and the client in order to achieve the best results for the clients. Call (818) 783-7300
Our Firm: No upfront fees or costs
Contingency Fee Representation
All employment cases for employees are taken on a contingency basis. We are only paid a fee when and if we win your case, and we advance all litigation costs. Our goal is to make expert legal representation accessible to every hardworking employee.
Serving Los Angeles County
We have proudly served all of Los Angeles County since 1993.
The Employment Lawyers Group has successfully handled
2,000+
Separate California Employment Cases
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Sample Case Results
breach of commission contract
$1,150,000
Unpaid commissions of two plaintiffs
unpaid wages
$875,000
For 4 oil field service industry workers whose times worked were not recorded on timesheets and were on-call
forced to work without pay standby pay case
$800,000
Controlled stand by class action settlement
Disclaimer: These results are based on the facts of these specific cases and do not guarantee or predict a similar result in any future case.
Practice Areas
Discrimination
Age, Disability, Family Medical Leave (FMLA/CFRA), Gender, National Origin, Pregnancy, Race, and Sexual Orientation claims.
Unpaid Wages & Overtime
Recovering earnings for Overtime, Bonuses, Commissions, Meal & Rest Breaks, and Prevailing Wage violations.
Sexual Harassment
Compassionate and effective representation for victims of sexual harassment and hostile work environment claims.
Wrongful Termination
Representing employees terminated in violation of public policy, contracts, or California and Federal law.
Leaves & Retaliation
Protecting employees who face adverse actions after reporting illegal activity or taking protected medical leave.
Whistleblowers
Advocating for employees who report fraud, waste, or abuse in their organizations under whistleblower protections.
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5401 Business Park S, #214,
Bakersfield CA 93309
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Sacramento CA 95825
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524 Union St, #400,
San Francisco CA 94133
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Sherman Oaks
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Additional Sites
BostonLaborLaw.com
DcLaborAttorney.com
FresnoEmployeeLawyer.com
JobLawyer.net
MarylandLaborAttorney.com
ModemStud.com
VintageLosAngeles.org
WorkLawyerCA.info
About Firm Founder, Karl Gerber
Firm Founder, Karl Gerber, has been an employment wrongful termination attorney since 1993. He has represented a wide range of employees throughout California.
Mr. Gerber has won 51 of the binding arbitrations and jury trials he first chaired, and a number of his appeals are published. This deep trial experience is the foundation of the firm's strategic approach to litigation.
The employment attorneys employed by the Employment Lawyers Group have worked at the firm well in excess of five years, have also tried many different labor cases, and have all been extensively trained on employment wrongful termination by Karl Gerber.
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