Picture this: You’re a lawyer, diligently drafting a ground-breaking legal argument, and  suddenly, your computer whispers, “I’m sorry, Bob, I’m afraid I can’t do that.” Just kidding! But with the rise of Artificial Intelligence (AI) in the legal field, the question arises – is AI a risk or an assistant in our hallowed halls of justice? 

AI Unveiled: Like Siri, but for Lawyers

First off, what’s AI? It stands for Artificial Intelligence, the whiz-bang technology that lets machines simulate human intelligence. Enter OpenAI, the masterminds behind ChatGPT. They started this futuristic journey in 2017, and Google jumped in to sprinkle money and magic on the model.

ChatGPT is an AI-powered chatbot buddy from OpenAI. Trained through reinforcement learning, it responds to open-ended text queries with paragraphs of wisdom. You can seek advice about an annoying boss. If only it could also meet up for coffee, right?

ChatGPT: More Than a Chat Buddy

How can ChatGPT help Lawyers? Imagine crafting legal marketing content or drafting legal documents with the proper prompts. Your AI sidekick is making your legal life a tad bit easier.

But before you start picturing ChatGPT donning a lawyer’s wig, let’s acknowledge the challenges. No, it’s not a human lawyer and not always spot-on. Are you crafting intricate legal arguments? Not its forte. Ethical obligations? Always trumping convenience. Security and client privacy? Non-negotiable. 

The Perils of AI Misadventures: A CBS News Special

In a bizarre turn of events, a federal judge slammed two lawyers, Steven A. Schwartz and Peter Loduca, and their law firm, Levidow & Oberman P.C., with a $5,000 fine. Why, you ask? ChatCPT was blamed for submitting fictitious legal research in an aviation injury claim. Judge P. Kevin Castel declared they acted in bad faith. Justice Castel emphasized the lesson to be learned here. AI can be a helpful sidekick, but lawyers, you must still be the superheroes.

Navigating the AI Legal Landscape: Courts Respond

Hats off to those trailblazing lawyers who dared to push boundaries, creating buzz about AI in the legal realm and prompting courts across North America to acknowledge the existence of this digital dynamo. In recent times, our judicial arenas, including the Manitoba Court of King’s Bench, the Texas State Court, and the Supreme Court of Yukon, have joined the AI party, issuing directives that only shed light on potential challenges but also crank up the awareness about AI’s role in our legal theatres.

The Texas State Courts took the lead in tackling this matter head-on. Judge Brantley Starr, issued an order demanding attorneys to file a certificate on the docket. This certificate solemnly affirms either the absence of AI in the filing or, if AI did lend its linguistic prowess, that a human, armed with print reports and wielding thee power of traditional databases like Westlaw, meticulously verified its accuracy.

In the same vein, the Manitoba Court of King’s Bench, guided by the wise Judge Joyal, recognized AI’s novel but swift evolution. The directive mandates that when AI is used to prepare materials filed with the court, those materials must indicate how artificial intelligence was employed. However, there is a bonus of lawyers for using AI. With ChatGPT in your corner, you won’t have to break the bank.

But wait, there’s a silver lining in this legal saga. The certifications are not just paperwork; they’re creating a symphony of curiosity within the legal realm, resonating with broader awareness about the dance between legal practice and AI in the legal profession. It’s like the legal world has found a new dance partner, and the tune is buzzing with potential conflicts and ethical obligations.

In another development, the Supreme Court of Yukon issued practice directions concerning the use of AI in Court submissions. The directives expressed a desire for transparency when utilizing AI tools and requiring counsel to advise the court of the specific AI tools used and its purpose. It’s like the court is saying, “Don’t just bring AI to the party; introduce us properly, and tell us what it’s here for!”

These recent developments spotlight a growing awareness of potential ethical conflicts and thrust legal professionals into the limelight of innovation and responsibility. As technology dances forward, legal wizards are not just navigating the intricacies of AI assistance’ they’re grappling with the considerations that come with this digital dance. At this crossroads of innovations and responsibility, the legal profession requires a delicate balance to ensure justice prevails in an AI-influenced legal landscape.  So, buckle up, legal eagles. The AI adventure has just begun!

Asking AI the Tough Question

Curious minds wonder – will AI replace lawyers one day? According to ChatGPT, the answer is a resounding no. AI is here to assist, not to snatch away your gravel. Can it craft complex legal arguments? Well, it can guide you through the maze, but it’s not a substitute for the sage advice of a legal maestro.

Challenges and Ethical Considerations 

Ah, the wild world of legal AI! As we delve into using ChatGPT in the legal field, we encounter a maze of challenges and ethical quandaries.

One hurdle is ensuring that ChatGPT churns out accurate and dependable results. Picture this: ChatGPT, armed with its vast knowledge from text data, might only sometimes serve up the freshest legal insights. This can lead to potential errors or misunderstandings, which could have severe consequences in the legal context. Imagine the chaos if outdated information led us astray in the courtroom!

Another conundrum is ChatGPT’s struggle with the intricacies of law. As a machine learning system, ChatGPT may have a different level of understanding and judgment than a human lawyer when it comes to interpreting legal principles and precedents. This could lead to problems in situations where a more in-depth legal analysis is required.

From an ethical standpoint, there are concerns about the using ChatGPT in the legal field. One such concern is ChatGPT’s potential to replace human lawyers and legal professionals, potentially leading to job losses and economic disruptions. Another concern is ChatGPT’s potential to manipulate or deceive others, for example by generating false or misleading legal documents.

But, oh, the drama unfolds! While juggling the potential risks of AI, these directives have triggered ethical debates. Skeptics argue that such orders are akin to déjà vu, mirroring existing obligations on lawyers- supervising delegated work, showcasing tech prowess, and playing the role of ethical superheroes.

Overall, the challenges and ethical dilemmas of employing ChatGPT in the legal realm are no laughing matter. Before we let this genie out of the bottle, we must weigh its benefits against the potential risks and drawbacks, and that technology is used in a responsible and transparent manner.

AI: Not Just a Movie Villain

Now, let’s talk sci-fi. Remember I, Robot? The Terminator? A Space Odyssey? Society loves to imagine a world where AI turns against us. According to ChatGPT, fear not; it is here to make our daily legal lives a bit more streamlined.

But beware. As Wall-E discovered, sometimes the true villain hides in plain sight. Autopilot, the silent culprit, is steering us into a mindless existence. As we marvel at the wonder of AI, let’s not forget to ask ourselves, “Will mankind be the bane to their existence by slowly shifting from consciousness to autopilot?” After all, in the legal world and beyond, staying vigilant and steering clear of the autopilot mode is the real key to success!

Meet Cory Wilson, your trusted human criminal defence advocate, based in Calgary and extending his services throughout Alberta, including: Okotoks, Airdrie, Strathmore, Cochrane, Canmore, Didsbury, Medicine Hat, Lethbridge, Grand Prairie, and Turner Valley. Contact us today for a free, no-obligation consultation at 403-978-6052.