PROFESSIONALISM CORNER
PROFESSIONALISM CORNER
JEAN MARIE MIDDLETON
Artificial Intelligence for Lawyers- What ’ s the Chat all about ?
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The AI legal assistant you can trust 1 message Casetext < info @ trycasetext . com > Thu , Jun 15 , 2023 at 12:15 PM Reply- Tosupport @ trycasetext . com To : jean . middleton @ palmbeachschools . org
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These are just a few samples of recent pitches I have received regarding how I can practice law more efficiently using AI . In its simplest form , artificial intelligence is “ the ability of a digital computer or computer-controlled robot to perform tasks commonly associated with intelligent beings .” Specifically , Generative AI is a type of artificial intelligence technology that can produce various types of content , including text , imagery , audio , and synthetic data . One of the most common AI tools that is being utilized is ChatGPT . ChatGPT is an artificial intelligence chatbot , developed — and launched on November 30 , 2022 — by OpenAI . It is notable for enabling users to refine and steer a conversation towards a desired length , format , style , level of detail , and language used .
Not all computer-assisted methods of legal review and drafting are as risky as ChatGPT . Technology Assisted Review ( TAR ) tools have been effectively utilized by lawyers for eDiscovery and should not be confused with AI tools like ChatGPT . “ TAR is a multi-step process that enhances the human review with computer software that identified relevant documents for legal research .” This technology is lawyertrained and lawyer- maintained for quality control . It ensures the software accurately identifies relevant information . TAR is most effectively used with eDiscovery to assist lawyers with quicker document review for large production projects . For example , an AI tool called GPT-4 was recently addressed in an article in the Florida Bar News . This tool was recently used to take the bar exam . The passage rate for those using GPT-4 large language model chatbot resulted in a passage rate better than 90 % of the humans who took the bar ! While this sounds great , there are ethical and privacy concerns that need to be addressed before using GPT-4 to take professional exams . Id . Logikcull is another eDiscovery tool used by many law offices . On March 22 , 2023 , Logikcull announced that it is releasing “ Logikbot AI : A command line tool that ’ s present on the document viewer . Using ChatGPT , Logikbot lets users command all kinds of actions , such as “ summarize this document ” or “ translate to English .” This tool is said to reduce discovery time by up to 90 %. Logikcull ’ s CEO , Andy Wilson , believes this is the “ the world ’ s first ever integration of ChatGPT with a legal discovery product .” Id .
While all of these AI technological advances sound great and are beginning to revolutionize the way we practice law , there is still ever-looming professional and ethical considerations . As lawyers , we took an oath upon being admitted to practice law in the state of Florida which includes a pledge "[ T ] o opposing parties and their counsel , I pledge fairness , integrity , and civility , not only in court , but also in all written and oral communications ….” We are also guided by principles of professionalism which is the pursuit and
PBCBA BAR BULLETIN 19 practice of the highest ideals and tenets of the legal profession . It embraces far more than simply complying with the minimal standards of professional conduct . The essential ingredients of professionalism are character , competence , commitment , and civility .” ( Emphasis added .) Additonally , we have have the duty of candor to the tribunal and opposing counsel which is included in the standards of Professional Courtesy and Civility . By not disclosing the use of AI in written submissions to the tribunal one may be violating these standards .
Failure to be competent in written submissions to a court can have serious consequences . For example , A lawyer in New York who used ChatGPT in a brief he submitted to the court included six cases that had bogus citations and quotes . The judge issued an order to show cause against him . As a result of the prolific use of AI , a Federal Texas judge is now requiring attorneys to provide a certification in all pleadings that they have not used AI . Consequently , before you jump all in on the AI bandwagon , consider these best practices :
• Clearly disclose that you have used AI in your content
• Vet the accuracy of generated content using primary sources where applicable
• Double-check the quality of AIgenerated information
• Learn the strengths and limitations of each AI tool
• Familiarize yourself with common failure modes in results
Jean Marie Middleton is an Assistant General Counsel for the Palm Beach County School District . She practices in the ares of Labor & Employment Litigaton . She also serves on the PBC Bar Board of Directors .
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