From virtual courtrooms to online document management systems, technology is disrupting and transforming the way lawyers practice law.
The recently launched ChatGOT by OpenAI (on 30th November 2022) passed a law school exam and earned a passing grade after writing essays on topics ranging from constitutional law to taxation and torts. Professors at Minnesota University Law School gave ChatGPT four separate law school final exams and then graded the exams blindly, shuffling it with actual student exams. The bot passed with an average grade of C+.
"We expect such language models to be important tools for practicing lawyers going forward; we also expect them to be very helpful to students using them (licitly or illicitly) on law school exams," said the Minnesota University Law School professors. (link)
The AI based ChatGPT is designed to answer every question, out of the info uploaded into it, from a vast amount of text data, including books, articles, and other written material said to be about 175 billion parameters.
"In writing essays, ChatGPT displayed a strong grasp of basic legal rules and had consistently solid organization and composition". (link)
ChatGPT performed well on essay questions and drafting exercises, but struggled with multiple choice questions, and proves to be a mediocre law student.
Use cases point out the fact that ChatGPT can be used by lawyers in legal research, with its ability to quickly process and analyze vast amounts of data, lawyers can swiftly identify relevant case law and statutes, saving precious time and improving the accuracy of their research.
While artificial intelligence, like ChatGPT and similar technologies, can help lawyers with writing, parsing information, and predicting outcomes, artificial intelligence does not have the capability to completely replace lawyers at this point. The limitations of ChatGPT and other technologies make them ideal for delegating routine tasks, allowing lawyers to focus on more complex tasks. These technologies may also assist individuals without access to legal representation, by giving them a preliminary understanding of their legal issues and suggesting non-legal solutions to resolve their issues. (link)
In a matter of a few seconds, the ChatGPT can create what would appear to be a well-written contract, help write a law review article in an hour, or even write a brief to argue before the Supreme Court. It has the potential to change the way we do business forever, including how the law is practiced.
For example, an attorney may want to add a clause in a customer contract that grants permission to use the customer’s logo in company marketing materials. Instead of drafting one from scratch or searching for a Google template, the lawyer can type into Contract Assist: “Clause allowing company to use customer’s logo.” They then click on the “suggest” button and a proposed clause is produced, which they can edit further if needed. (link)
The field of law seems to be the best test ground for ChatGPT, as the law itself is a codified set of instructions. ChatGPT can very well be used to analyze legal documents, decisions, and precedents, then apply that knowledge to real-world cases.
The AI-powered software can analyze large amounts of data and identify potentially patentable inventions, faster and more accurately than human attorneys can.
Regarding probable legal issues, ChatGPT appears to be unconcerned.
"I am not aware of any legal issues specifically concerning ChatGPT. As a large language model trained by OpenAI, ChatGPT generates responses to user input in a way that is similar to how a human would respond. The responses it produces will vary depending on the context of the conversation, and it does not simply copy content from the internet. As long as you use ChatGPT in accordance with the terms and conditions set by OpenAI, and obtain the appropriate permissions and licenses if necessary, there should not be any legal issues. It is always important to consult with a legal professional if you have specific questions or concerns about the use of ChatGPT or other AI technologies." (Link)
On the OpenAI website, the creators also note that ChatGPT shouldn’t be relied upon for advice and that it “sometimes writes plausible-sounding but incorrect or nonsensical answers.”
“Because ChatGPT is a machine learning system, it may not have the same level of understanding and judgment as a human lawyer when it comes to interpreting legal principles and precedent," the bot writes. "This could lead to problems in situations where a more in-depth legal analysis is required." (link)
Like legal research platforms, publications, or legal software, ChatGPT is just a tool or service to be used by attorneys. Attorneys must recognize the strengths and weaknesses of ChatGPT just like they do with any other tool. The review of work and legal advice rests squarely on the attorney.
Trained on the basis of human inputs, ChatGPT, and other artificial intelligence writing programs, do come with bias built in. Bias may be political, gender-based, religious, racial, or the like. AI is only as 'unbiased' as it's programmers. In some instances pointed out by the users, ChatGPT has proved how duplicitous programmers will inculcate their OWN biases into whatever code & algorithms they program it with.
As they say, Garbage In, Garbage Out.
AI and Machine Learning are still in their infancy. ChatGPT is still a prototype.
Airplanes have a complex system of autopilot and, during a flight, are controlled mostly by computers, but pilots are there sitting and tuning the computer’s controls whenever needed. Humans understand their customers, brand, and values. And this means, for the foreseeable future, a person will need to chart a logical course for every business. (link)
Richard Susskind, the pre-eminent “legal futurist” said: “we are seeing here the makings of a solution to the global access to justice problem - the emergence of tools that will empower people with no legal knowledge to understand and enforce their legal entitlements; systems that will enable people to draft their own documents, secure legal guidance without lawyers, and assess their own legal risks. We are still at the foothills but the road ahead is clear." (link)
The law is available on the internet and all contracts are machine-readable, but ChatGPT is not a threat to lawyers who argue over the finest of details and judges that make calls on the closest of cases.
ChatGPT provides a powerful tool into the hands of users, one that does not require tech fluency. It can help them cut through the opacity and expense of retaining counsel. It can also help to demystify legal process, procedures, and language. (link)
Line judges in pro Tennis lost their jobs to technology. Don’t be the next line-judge. Stay current and knowledgeable on tech trends in your industry if you want to be in demand in the future.
The future belongs to those who can embrace change and find ways to use technology to improve their legal services while maintaining quality control.
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