Introduction
In a world increasingly driven by technology, artificial intelligence (AI) has been utilized in various sectors to improve efficiency and accuracy. One such sector is the legal field, where AI has been used to draft documents, conduct legal research, and perform various other tasks. However, while AI has the potential to revolutionize legal processes, concerns have been raised about the risks associated with its use. A recent case involving ChatGPT, an AI tool, highlights these concerns.
The Case of ChatGPT in Legal Drafting
ChatGPT is an AI tool that has been used to assist litigants-in-person (LiPs)—individuals who represent themselves in court— in drafting legal documents. However, recently, a barrister named William Rees-Mogg publicly raised concerns about the use of ChatGPT in legal drafting after encountering an LiP who used the AI tool to draft a witness statement and a skeleton argument.
Details of the Case
In a LinkedIn post, Rees-Mogg shared his experience of a small claims hearing where the LiP was unable to support her own evidence in court. The LiP admitted to using ChatGPT to draft an inaccurate witness statement. Moreover, other discrepancies in her statements could be attributed to the same source – the AI tool. The skeleton argument drafted by ChatGPT did cite real cases but contained mistakes that were immediately obvious to any lawyer, but difficult to spot for someone without legal training.
The Implications
For Rees-Mogg, the real worry was that ChatGPT gave non-lawyers confidence in inaccurate legal advice. He argued that this is arguably much more dangerous than AI producing an obviously wrong answer which can be spotted by a lay person immediately.
Other Incidents and Concerns
This is not the only incident that has raised concerns about the use of AI in legal matters. An Australian lawyer was referred to a legal complaints commission after admitting to using ChatGPT. The Bar Council has issued guidance stating that while the use of AI is not inherently improper, barristers should exercise caution and carefully assess the associated risks.
Summary
These incidents underline the concerns about the use of AI in legal matters. While AI can provide valuable assistance, it is crucial to be aware of the potential risks and pitfalls. Professionals must exercise caution and vigilance to ensure that the use of AI does not compromise the accuracy and integrity of legal processes.
