The legal profession is increasingly keeping pace with technological advancements, notably the growing use and reliance on Artificial Intelligence (AI) tools. However, the question that draws attention is whether legal professionals should fully trust and rely on AI tools for their work.
Recent developments with OpenAI CEO Sam Altman, highlighted on NPR, raises this very question. When consulted, OpenAI’s language prediction model, ChatGPT, explicitly stated that its learning only includes data up until January 2022 and suggests that for accurate and latest information, checking recent news articles or official announcements is safer.
Another event that sparked major headlines involved a law firm losing a case to a robot law firm, DoNotPay, that isn’t authorised to practice law. Such incidents cast doubt on outright reliance on AI tools, suggesting that despite their convenience, having a competent human lawyer is still critically important.
Moreover, the prospect of ‘social loafing’, where professionals rely on AI to perform significant work while they take a backseat has raised concerns of efficiency versus possible slacking. Reuters reported on lawyers being sanctioned for such reliance, and a Wall Street Journal article noted that people working alongside robots tend to lose focus on details.
Can lawyers then point fingers at AI tools while adhering to their professional conduct obligations? The answer is hardly in favour of blaming the robots, as the NY Times reported about a case involving the usage of AI to fabricate cases.
State boards are starting to think about the implications of AI in the legal practice. For instance, Florida now warns its lawyers about the use of AI and their responsibilities in reviewing AI work products. They also emphasised the importance of client confidentiality as well as oversight, advertising, legal fees, and costs.
Meanwhile, California has published a report on the rewards and risks of Generative AI in the public sector. The Fifth Circuit is even considering a rule to require lawyers to certify the use of AI.
It’s thus imperative for professionals to marry the advances of AI with the human touch in professional decision-making. While AI eases the burden and performs tasks quickly, it is essential for lawyers to supervise and review the work generated. Relying solely on AI, at this stage, might invite more trouble than convenience.