First Published on 26 August 2023.

Background

Just some quick background… feel free to skip to the meat of this article if you are already well-informed.

The rapid advancement of artificial intelligence (AI) has introduced a host of opportunities and challenges across various industries, including the legal profession. However, recent incidents involving the misuse of AI chatbots like ChatGPT have raised concerns about the ethical implications of relying on AI tools without a proper understanding of their capabilities and limitations. Two cases from New York and Colorado illustrate the potential risks when lawyers employ AI in their legal work without due diligence. This article delves into the lessons learned from these cases and highlights the importance of responsible AI utilization within the legal field.

Misuse of ChatGPT: A Lesson

The Cases: Missteps in Utilizing ChatGPT

In both the New York and Colorado cases, attorneys turned to ChatGPT to aid their legal research and drafting. They requested the AI chatbot to gather cases similar to their clients’ situations for use in their legal motions. However, the AI-generated cases turned out to be fabricated and inaccurate, resulting in legal work being dismissed, sanctions against the attorneys, and fines. The attorneys’ misjudgment of ChatGPT as a search engine rather than a generative language tool led to these unintended consequences.

Understanding the Risks

The misuse of ChatGPT in legal work underscores the importance of understanding the risks associated with relying on AI tools. BJ Ard, a technology and law professor at the University of Wisconsin Law School, explains that these systems can provide plausible-sounding answers that match the desired format, but accuracy cannot be guaranteed. This highlights the necessity of cross-referencing AI-generated information with reputable sources and conducting thorough reviews before submission.

Takeways: Maintaining Ethical Standards

Ethical considerations are paramount in the legal profession, and the use of AI tools like ChatGPT is no exception. Lawyers have an obligation to uphold client confidentiality, which could be compromised if sensitive case information is input into AI platforms. The AI’s data collection and storage policies also raise concerns about privacy. Aviva Kaiser from the State Bar of Wisconsin emphasizes the need for legal professionals to exercise caution when using emerging technology, emphasizing that existing rules of conduct apply to AI tools.

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