---
title: "Warn a client who wants a tool to write a statement for the court"
url: "https://ailawframework.com/practice/family-law/advise-a-client-on-using-ai-for-their-own-affidavit/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A16-B6-3-US"
practice_area: "Family Law"
tier: "red"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Warn a client who wants a tool to write a statement for the court

> List the risks from Opinion 512 and the California 2026 guidance: confidentiality, invented facts, and a statement the client does not understand. Write no sentence of the statement and no outline of it.

Canonical page: https://ailawframework.com/practice/family-law/advise-a-client-on-using-ai-for-their-own-affidavit/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Family Law](https://ailawframework.com/practice/family-law.md) |
| Human involvement | Red: Lawyer writes; AI may check, clarify or collect data |
| How AI is used | List the risks from Opinion 512 and the California 2026 guidance: confidentiality, invented facts, and a statement the client does not understand. Write no sentence of the statement and no outline of it. |
| What the lawyer must review | A statement the client signs for the court is the client's evidence. You do not hand the client an outline of that evidence, and the tool writes none of it. Opinion 512 keeps confidentiality and judgment with you. The California 2026 guidance says candor to the tribunal cannot be delegated and that citations are verified by the lawyer. You tell the client, in your own words, that you will take the proof and write or settle the statement yourself. |
| Written for | United States |
| Applies to | [Advise a client on using AI for their own affidavit](https://ailawframework.com/practice/family-law/advise-a-client-on-using-ai-for-their-own-affidavit.md) |

## Checking plan

- What the AI does: List the risks from Opinion 512 and the California 2026 guidance: confidentiality, invented facts, and a statement the client does not understand. Write no sentence of the statement and no outline of it.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The warning is yours to give. The checklist does not go to the client as a letter.
- Court rules on generative AI differ by judge. Read the order in this case before the statement is filed.

## Sources

- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [State Bar of California, Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law (2026)](https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-Practical-Guidance.pdf) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [FCFCOA affidavit in the witness's own words](https://ailawframework.com/precedents/family-law/fcfcoa-affidavit-own-words.md) | Checklist | Red | Paragraph 4.9 of the FCFCOA AI practice direction: an affidavit must be based on the witness's own knowledge, experience or opinion, in the witness's own words.… |
| [Affidavit – Family law and child support: when it is needed, how to complete it, and keeping AI out of the evidence](https://ailawframework.com/precedents/family-law/form-affidavit-family-law.md) | Form | Red | Link to the Court's general family law affidavit form and fact sheet, with a guide to when an affidavit is required, its form and annexures, swearing, service, and why AI must not write a witness's… |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*
