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How ChatGPT and other AI could impact your practice

By NJSBA Staff posted 10-04-2023 01:13 PM

  

Artificial intelligence (AI) is here to stay. The emerging technology of ChatGPT, a powerful AI language model, has the potential to transform legal practice through its ability to provide general legal advice, along with legal research, contract drafting and document review. Here are some key points from a recent seminar by the New Jersey State Bar Association on the basics of AI and how attorneys can use it to their advantage. The seminar was offered as part of the NJSBA's Member Celebration Days. Visit njsba.com to register for more educational seminars on AI in the coming months. 
 
What is AI and how does it work? 
AI is a technology that leverages computers and machines to mimic the problem-solving and decision-making capabilities of the human mind. Popular AI programs like ChatGPT take question prompts from users and create an answer by pulling data from the internet, research papers, computer code and other sources. When the question is entered, high-speed algorithms do quick math to calculate the frequency that certain words or ideas appear in the search. The answer is determined by the probability that the information is relevant to the user.  
 
Is AI a new phenomenon? 
Other industries, like the medical field, have relied on AI technology for years. Doctors save time and lives by using computer-generated reports from MRIs, CT scans and blood tests to flag health issues. Attorneys may one day rely on AI to help draft their legal filings. But just like AI didn’t replace doctors, lawyers will always be needed to interpret the results and make decisions. You, and your humanity, are essential to the equation. 
 
How can attorneys best use ChatGPT in their practice? 
Attorneys should view ChatGPT as a digital paralegal. It can provide useful information when asked legal questions such as ‘what are the strengths and weaknesses of a negligence argument in New Jersey?’ and ‘what are the potential risks and benefits of using a blood alcohol expert?.’ The program can even write a demand letter or mimic arguments of opposing counsel. Just refrain from inputting confidential information about the case or client into the search bar. The program can disseminate any information it receives. 
 
Is the information produced by AI accurate? 
Not always. AI scrubs the internet for information and pulls from an extremely wide set of data. Of course, the internet is rife with misinformation and well-intentioned articles that may be inaccurate. ChatGPT will present the information it collects as accurate, so it’s up to the user to fact-check the information provided and exercise good judgment when applying it to a case. Attorneys have been fined for submitting legal briefs prepared by ChatGPT that cited cases which didn’t exist. Remember, AI is best used as a guide or a tool for generating ideas. It is not meant for copying and pasting.

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