04 Jul AI & The Law: A Cautionary Tale
In late May of 2023, a New York Lawyer was facing an investigation by the court over his use of the artificial intelligence website, ChatGPT for legal research. As part of an order demanding an explanation from the lawyer’s legal team, the Judge stated that “six of the submitted cases appeared to be bogus judicial decisions with bogus quotes and bogus internal citations”(i). Further investigation uncovered that the case researcher had used ChatGPT to look for case decisions that were similar to an actual case being referred to in the proceeding but had not independently verified the caselaw provided by ChatGPT.
ChatGPT was certainly up to the research challenge; however, ChatGPT’s readiness was directly correlated to its amazing ability to fabricate information (or as they are now being called, “hallucinations”). If you’ve tried ChatGPT and have asked it to write fiction, you will quickly discover its capacity for composing interesting stories, however, if you begin asking it to provide factual information you may discover that ChatGPT is lacking the ability to distinguish fiction from reality.
So, where do we go from here? Can we simply rub the lamp and put the genie back in? Sadly, no. One only has to read an article online or watch the news to see that ‘artificial intelligence’ is sweeping the world with the promise, for good or bad, that it will target and affect many aspects of our daily lives, our professions included. Clearly, the practice of law is no exception, and clearly again, as the above-noted New York lawyer demonstrated, the use of artificial intelligence must be undertaken with caution. Artificial intelligence is here to stay so all of us need to consider the dangers inherent in this new and incredible technology so that we can be prepared.
So, what are some of the concerns, and what should you look out for? Well, for that answer – we went straight to the source. If anyone knows the answer, perhaps it is ChatGPT itself:
ChatGPT Query:
Write a short explanation about the dangers of a lawyer using artificial intelligence in their legal practice.
Chat GPT Answer:
Using artificial intelligence (AI) in legal practice can bring about significant benefits, such as increased efficiency, improved accuracy, and enhanced decision-making. However, it is essential to be aware of the potential dangers and limitations associated with the use of AI in the legal profession. Here are a few key concerns:
Ethical and Professional Responsibility: Lawyers have an ethical obligation to provide competent and diligent representation to their clients. Relying solely on AI without proper oversight and human judgment can potentially undermine this responsibility. AI algorithms may lack contextual understanding, empathy, and the ability to handle complex ethical dilemmas, which are crucial aspects of legal practice.
Bias and Discrimination: AI systems are developed using large datasets that may contain inherent biases. If these biases are not identified and addressed, AI algorithms can perpetuate and amplify existing biases and discriminatory practices. This could lead to unfair outcomes, particularly in sensitive areas such as criminal justice, where AI-powered decision-making may disproportionately impact marginalized communities.
Lack of Transparency: AI algorithms often operate as black boxes, meaning their decision-making processes are not always easily explainable or transparent. This lack of transparency can pose challenges for lawyers when they need to understand and justify the reasoning behind AI-generated recommendations or outcomes. It may also hinder the ability to assess the accuracy and reliability of AI systems, making it difficult to ensure accountability.
Data Privacy and Security: AI requires vast amounts of data to train and operate effectively. Lawyers must handle sensitive and confidential client information with utmost care to maintain client confidentiality and comply with data protection regulations. The use of AI introduces additional risks to data privacy and security, as there is a need to share and store data with third-party AI providers or cloud services, which may raise concerns about unauthorized access or data breaches.
Limited Contextual Understanding: AI systems excel at processing and analyzing large amounts of data but often struggle with nuanced understanding and interpretation of complex legal concepts. The law is multifaceted, and legal decisions often require considering various factors, including precedents, legislative intent, and unique circumstances. AI may struggle to incorporate these nuances, potentially leading to inaccurate conclusions or incomplete legal analysis.
To mitigate these dangers, lawyers using AI in their legal practice must exercise caution, maintain active human oversight, and ensure transparency and accountability in the use of AI systems. They should also stay informed about the limitations and potential biases associated with AI technology, engage in ongoing training, and adhere to ethical guidelines to uphold the principles of the legal profession.
Not sure I could have said it better myself, and therein lies the conundrum.
Lastly, well-known legal research tools such as Westlaw are already developing, and preparing to implement, “Generative AI” tools using their platforms (2). Presumably, this will mitigate and/or eliminate much of the risk of using AI for legal research and assessment, while potentially speeding up the process significantly. Certainly, that is the hope; however, the results remain to be seen.
*Sources:
- https://www.bbc.com/news/world-us-canada-65735769
- https://legal.thomsonreuters.com/en/c/westlaw/gen-ai-precision-waitlist?gclid=Cj0KCQjwho-lBhC_ARIsAMpgMocpp6nKrAeW5rRTTewZsnK4mZzBcOIh7VaE-CANpUsfVbmaU6vjkp8aAltzEALw_wcB&searchid=TRPPCSOL/Google/LegalUS_RS_Pan-GTM_AI_Search_NonBrand-All_US/NonBrandAI-All&chl=ppc&cid=3492865&sfdccampaignid=7014O000001BkfQQAS&ef_id=Cj0KCQjwho-lBhC_ARIsAMpgMocpp6nKrAeW5rRTTewZsnK4mZzBcOIh7VaE-CANpUsfVbmaU6vjkp8aAltzEALw_wcB:G:s&s_kwcid=AL!7944!3!659786024830!p!!g!!ai%20for%20legal
Originally posted on July 4, 2023
Ryan Hanna regularly acts on a range of legal matters and maintains a business oriented focus to his litigation practice, assisting clients with commercial disputes ranging from shareholder actions and wrongful dismissal claims to real estate, commercial leasing and construction lien matters, secured and unsecured debt enforcement, residential tenancy disputes and trademark infringement.