We are seeing more and more people rely on artificial intelligence (AI) for legal advice, which is not necessarily a bad thing. Whether you use AI alone — or use ChatGPT to “fact check” your lawyer’s advice — you should realize the value of something often lacking: common sense.
Common sense is knowing when a “technically correct” strategy will likely waste your time and money over the long run, despite your due diligence.
Example Where Common Sense is Lacking
The examples are numerous, but just to give one, let’s say you ask Google AI:
How long do I have to file suit for negligence in Pennsylvania?
You get this response:
In Pennsylvania, the statute of limitations for negligence lawsuits is two years. This means you generally have two years from the date of the injury to file a lawsuit against the negligent party.
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- File the complaint with the appropriate court clerk’s office.
- Pay the required filing fees, which vary depending on the amount of the claim.
You think: I got this!
You follow this advice and mail your complaint via certified mail that shows receipt two (2) days before the statute of limitations is about to run, just to be safe. You’re no fool! Only, the filing clerk lets your Complaint sit on a pile of papers. He fails to docket the case until a week later, creating a “filing date” that’s too late.
The court dismisses your case for it not being filed in time.
Nooooo!!!
You panic and do another AI search: when is a lawsuit deemed filed? You get this response:
In Pennsylvania state court, a lawsuit is generally deemed filed when received by an office authorized by law to receive such documents.
You realize you have proof of timely services via certified mail receipt.
You sigh with relief.
Only, in truth, your legal problems are just beginning.
Scheibe v. Woodloch Resort, No. 1478 EDA 2024 (Pa. Super. May 20, 2025)
In Sheibe, the facts were nearly identical to the example above. There, the plaintiff had relied on an actual attorney, not AI. In that case:
- Just to be safe, the Plaintiff’s attorney mailed suit to the Prothonotary six (6) days before the expiration of the applicable two year statute of limitations.
- The USPS tracking information indicated the lawsuit had been delivered and received by the Prothonotary several days prior to the 2 year statute running.
- However, the Prothonotary’s office waited several days to docket the suit, giving it a “filing date” outside of the 2 year statute of limitations.
The trial court had to decide what to do.
Is the case time-bared?
One thing was certain: it was an avoidable problem created through a lack of common sense. It’s not like the statute of limitations had been a mystery. From the court’s perspective: why spend time holding a hearing — as to when the prothonotary (filing office) had “received” the lawsuit — for a party who waited to file suit so close to the statute of limitations?
Instead, the court simply looked at the docketing date and said: “it’s too late.” The court put the burden on the plaintiff to appeal the case to the superior court.
Appeal to the Superior Court
The appeal process can take a year or longer and involve 40+ hours of legal work, costing $3,000 to $14,000 or more in legal fees alone. It also delays resolution of the underlying case by at least a year more. As Google Gemini instructs:
To appeal a decision to the Pennsylvania Superior Court, you must first file a Notice of Appeal in the trial court within 30 days of the decision being issued. This involves submitting the notice, paying a filing fee, and potentially providing additional information like transcripts or a concise statement of errors. The process also includes filing briefs, potentially engaging in oral argument, and waiting for the court’s decision.
Result in Sheibe
As it turned out, in Sheibe, the Superior Court agreed that the Complaint had been timely filed. The Prothonotary had acknowledged its receipt of suit prior to the expiration of the statute of limitations. The Superior Court noted, under the rules, documents mailed to the Prothonotary’s office were deemed to be filed when received by that office.
But in Sheibe, the trial court had dismissed the case on May 4, 2024. The Superior Court did not rule on the appeal until May 20, 2025. So the “win” on appeal likely cost the Plaintiff 40+ hours of attorney time — plus filing fees — and over a year delay, with nothing of substance happening on the case in the meantime.
Easy Solution
How could this have been avoided?
One call to a crusty old lawyer — like yours truly — would have revealed a common sense principle:
Never assume your lawsuit has been filed until you can hold — in your hand — proof of docketing of suit at least six (6) months prior to the expiration of the statute of limitations.
Wait, why six months?
Well, let’s say you sue ABC, Inc., but there’s no such entity as “ABC, Inc.” After you file suit, you use the court’s subpoena power to obtain the information you need. You learn the Defendant’s real name is an LLC, not “Inc.” These are different entities. You’ll need time to amend suit to name the correct entity before the statute of limitations runs as to that entity.
Nowhere will you find this on ChatGPT or other AI tools.
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