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Many people have wondered as AI, or Artificial Intelligence, has become more readily available whether it is going to replace lawyers. The answer is, not any time soon. Let’s explore why this is the case.
What is AI?
AI (sometimes referred to as generative AI, or Large Language AI) is a field of computer science that that attempts to utilize machines and software to think like humans. The AI can recognize patterns, process large quantities of data, and make decisions using the large quantity of data. Data scientists have studied the way the human brain works and identified how it processes data so computers can be programmed to operate the same way.
Interestingly, the concept of AI has been around since the 1950s, first discussed in a paper by Alan Turing, a British mathematician and computer scientist. He asked the question, “Can machines think?” He then invented a test called the “Turing Test” which involved a human interrogator attempting to distinguish between a computer or a human text response to a question. See more on this at https://www.ibm.com/topics/artificial-intelligence.
Do Lawyers Use AI? Why Can’t You Do It Yourself?
Lawyers are definitely using AI in their practices to create efficiency. Many law firms use AI to help write case briefs more efficiently or draft contracts based on a particular scenario. You can read more about how lawyers use AI at https://legal.thomsonreuters.com/blog/ais-impact-on-law-firms-of-every-size/.
However, AI is not fail-proof. It is only as good as the information that exists in the dataset that is being used to create the document. A lawyer still has the responsibility of verifying that the case law that is being used to create the brief is still the most current and is correct. The advice an attorney gives will not change based on how they gather the information used to come to their conclusion. The advice that an attorney gives is based on years of study and a thorough understanding of the law, as evidenced initially by their ability to pass the state bar exam. The standards are high, because a mistake can cost a client, or yourself, a great deal of money, and possibly your freedom if you are facing criminal penalties.
An example of where using AI can cause a legal disaster was recently highlighted when an attorney in New York used AI to cite case law in a legal brief, but the “law” that was being used in the AI program, ChatGPT in this case, was fictitious. ChatGPT had essentially “made up” the cases and citations in response to the inquiry typed by the lawyer, and the lawyer did not verify that it was correct, thereby losing the case for their client. You can read more about this case at:
The Bottom Line
Ultimately, AI is likely going to be beneficial for the practice of law. It will streamline the process of legal research and help attorneys work more efficiently for their clients. But there remains a responsibility for attorneys to verify the accuracy of data gathered from AI platforms and continues to require a licensed attorney who has the skills to do this correctly. AI does not yet have the ability to determine if the information it is providing to the user is true, just that the date exists in whatever data set it is searching, and it matches the query the user has typed. In the far distant future computers may have the ability to determine truth or falsity, but not any time soon.
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Digital scales of justice
Last updated Monday, September 30th, 2024
