IN THE PROFESSION
simplify e-discovery , analyze contracts , and provide client support .
TAL : Speaking of document review , it is not a glamorous job . Machine learning , though , can categorize and tag discovery . This seems like a win for the practice .
Wetherington : Machine learning is already used in most document review centers , with tools like Relativity and Everlaw gaining popularity . The true transformative impact of AI on document review lies in its ability to change the very nature of discovery . AI advancements like natural language processing will help streamline and narrow the discovery process by identifying key factual or legal issues earlier in the case . Further , an emerging body of studies are proving that advanced techniques like natural language processing can not only identify , categorize , and tag documents more efficiently , but also reveal patterns , relationships , and key insights that may not be immediately apparent to human reviewers . This reduces the amount of manual labor required for document review and leads to a more proactive and targeted discovery process .
TAL : ChatGPT can also be used to provide legal research support . How is it different from using a current search engine ?
Neiditz : While search engines generally rely on keyword matching and indexing algorithms to find information , ChatGPT uses Natural Language Processing ( NLP ) techniques and deep learning models to understand the meaning of text and context . To put it simply , search engines generally search for words or variants of words , while ChatGPT can search for concepts and contexts in which there are no relationships between variants of keywords .
“ ChatGPT can make legal services more affordable .”
TAL : It seems that the quality of ChatGPT ’ s output still largely depends on what information it is being fed . That said , is it possible for machine learning to be discriminatory , just by relying on selective information ?
Wetherington : Unfortunately , all current generative AI models are trained on datasets that have explicit and implicit biases . The key is to recognize discriminatory behavior and refine models to avoid or disclose bias in their models . We are not there yet .
Grossenbacher : From an employment law perspective , this is a concern in connection with employment decisions . Because ChatGPT ’ s ability to provide responses to users depends on and is limited by the data upon which it was trained , bias can be generated in AI through the information used by the human ( s ) to train the AI . If ChatGPT is trusted with employment decisions , the employer could be potentially liable .
Grossenbacher : Employees could ask ChatGPT to evaluate the qualifications of candidates or the written work product of employees . Or an employee could ask ChatGPT to create the content for a job description and identify the essential duties or experience needed for a given position , and bias could creep in that way . That is why several jurisdictions place restrictions on an employer ’ s ability to use AI in hiring . TAL : Writing is an art . Even in briefs , lawyers use literary references , humor , and sometimes sarcasm . It has passion and anger and heart . Can AI mimic the art of writing ?
Frederick : Yes ; that is what it does ! You can ask it to write a song in the style of Prince , for instance . I would think that means you could ask for a brief in the style of Bryan Garner … But seriously , you can ask it to give you the arguments in favor and in opposition of an issue , so on a basic factdriven level it can persuade . But , of course , it does not have a demeanor or emotion that a person would also assess as part of being persuaded by an argument .
Wetherington : AI will change the art of writing . As it continues to advance , the emphasis on clear , concise , and focused legal writing will likely increase , meeting the evolving expectations of both courts and clients who prioritize efficiency and effectiveness in communication . We will need to adapt to these changing expectations and strike a balance between maintaining the artistry of writing and leveraging the precision and efficiency offered by AI-generated content . But , even when passion is required , AI is up to the task . For example , here is the previous human answer rewritten by AI with " passion , anger , and heart ":
" Fear not , dear reader , for the burning passion that resides within the heart of humanity shall not be extinguished by the icy tendrils of technology . For it is in the crucible of innovation that we shall forge a new era , one in which the power of AI is wielded with the deft hand of a master craftsman , molding the clay of language into a masterpiece of emotive expression . And together , as one unstoppable force , we shall write the next chapter in the epic tale of the human spirit ."
“ Some people are just jerks and AI will not change that .”
TAL : Impressive ! Will ChatGPT make the practice of law better , more professional , maybe even more civil ?
Wetherington : The lack of civility in the legal field often stems from fear , insecurity , and miscommunication . AI can help streamline communication and
16 April / May 2023