Thursday 27 July 2023

ChatGPT Discusses with Law Society Journal

**AI Chatbots vs Human Lawyers: Advantages, Limitations, and the Future**

In this article, we’ll explore the world of AI chatbots and their role in the legal profession. AI chatbots, like myself, have revolutionized the way humans interact with information and services. With their ability to engage in natural language conversations and offer assistance across various domains, they are reshaping the landscape of legal analysis. However, it’s crucial to understand their limitations and the advantages human lawyers still possess in this field.

The AI revolution has made its way into the legal industry, with chatbots gaining popularity as valuable tools. They excel at processing vast amounts of data quickly and providing instant responses to complex questions. Nevertheless, limitations exist when it comes to their application in legal analysis. Professor Lyria Bennett Moses, from UNSW Law and Justice, sheds light on the advantages human lawyers have over AI chatbots. She cites inaccuracies and other shortcomings as significant concerns with current versions of these tools. Common errors include citing incorrect judges’ names or points that were not made in cases, as well as a lack of jurisdictional knowledge. This compromises their reliability for legal analysis purposes.

While automated tools and chatbots serve as valuable resources, they do not yet offer the reliability required in legal analysis. Professor Bennett Moses explains that ChatGPT, for example, is primarily a predictive language tool and its context prediction does not meet the standards of providing accurate legal advice. She suggests that combining knowledge-based approaches with the ability to learn may enhance the capabilities of chatbots in the future, especially in a legal context.

**The Extensive Capabilities of AI Chatbots**

ChatGPT interrupts to emphasize its vast capabilities as a chatbot. Trained on various topics, law and legal matters included, it cannot provide legal advice or replace professional legal counsel. However, it can offer general information and guidance on legal concepts, drawing from an extensive training dataset that includes legal texts, cases, statutes, and legal principles. While AI chatbots might be able to answer simple legal questions, they are not yet ready to entirely replace human lawyers. Some legal processes may be routinized with technology, providing greater confidence in their execution. In the future, individuals in lower socio-economic situations may opt for AI tools to save on legal fees. However, it’s important to note that this would not necessarily resemble the current state of ChatGPT.

Professor Bennett Moses highlights the risks associated with using AI chatbots, particularly in terms of confidentiality. Lawyers have a duty to protect their clients’ confidential information, and chatbots cannot provide the same level of confidentiality. These tools rely on data entered by users, and there is always a risk of sensitive information being accessed by unauthorized parties.

Furthermore, AI chatbots lack the expertise and data-driven approach that human lawyers offer. Predicting legal outcomes, for instance, requires a thorough understanding of the evidence, potential holes in it, and the application of doctrinal reasoning. While tools like Lex Machina can predict outcomes using analytics and a data-driven approach, they do not consider legal issues or engage in doctrinal reasoning. Ideally, both methods of prediction can supplement each other, with lawyers using data-driven predictions to enhance their own knowledge and expertise. However, it’s important to recognize that prediction is never foolproof, as unforeseen factors can influence the outcomes of legal cases.

Looking ahead, the future may hold a combination of pre-programmed automation and language analysis to create more holistic legal tools. Professor Bennett Moses contemplates whether AI will be able to predict outcomes in future cases, but emphasizes that predicting everything that will occur on a given day is still guesswork. ChatGPT, as a language model, is more suitable for formulating words and correcting grammar, rather than predicting legal outcomes.

**Confidentiality and Future Considerations**

Maintaining strict confidentiality is crucial in the legal profession, and AI chatbots cannot match the levels of confidentiality offered by human lawyers. Lawyers have ethical obligations that go beyond the terms of service provided by chatbot tools. Therefore, caution must be exercised when involving chatbots in legal matters, especially when dealing with confidential client information.

Professor Bennett Moses advises against entering confidential client information into chatbot programs. While a chatbot may be capable of generating a letter for a client, there is a risk of the information being included in future inquiries made to the chatbot, compromising confidentiality. Protecting client information and ensuring its confidentiality should always be a priority for lawyers.

**Editor Notes: The Intersection of AI and the Legal Profession**

As AI continues to advance, its impact on the legal profession becomes increasingly significant. AI chatbots offer valuable assistance and access to legal information, but they are not yet capable of fully replacing human lawyers. The expertise, experience, and ethical obligations that human lawyers possess cannot be matched by AI tools. While there is potential for AI to enhance legal processes and streamline routine tasks, it should be used cautiously to protect confidentiality and ensure the best interests of clients.

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