Right now there’s a lot of buzz and debate surrounding all of the new AI (artificial intelligence) tools and technology like ChatGPT, Jasper, and more of the like. While many are excited at the possibilities of this new technology, others have expressed concern over the potential risks to their career. Just the other day, I came across a tweet stating that lawyers, accountants, and consultants should be worried about their jobs.
Despite my objection to this tweet, personally, I’m a fan of AI!
For simple administrative tasks, like drafting an email, blog/newsletter topics, content ideas, even writing a blog post, ChatGPT has been the little personal assistant a solopreneur like myself needs. And I’m sure other solopreneurs and teams can relate! That quick rough draft saves so much mental energy! Revise, add, reform into your own voice and you’re good to go.
And it’s even provided me with ideas on how I can improve different areas of my practice. Sort of like what you would find in Google search, but just compiled into easy digestible bites. I love that I can ask my questions conversationally and allow this tool to refine/expand on an idea or redirect/substitute an idea for another.
For tasks like these, ChatGPT is perfect. A life savior for the hustling entrepreneur!
However, as impressive as ChatGPT and other AI are, at the end of the day, they’re just tools.
It should go without saying that ChatGPT can not replace the sophisticated thought process, analysis, and human element of a trained attorney. To even think that would be to erroneously believe that the only thing an attorney does is file paperwork, draft legal documents, and spit out facts to legal cases.
And of course, this complexity applies to any professional in a consulting position! But today’s blog post will share some of the reasons why ChatGPT cannot replace the help of an attorney:
Why ChatGPT can’t replace the help of an attorney
1. Lack of Factual Accuracy & Limited Knowledge
Currently, at the bottom of the ChatGPT screen reads the following disclaimer:
“ChatGPT Mar 23 Version. Free Research Preview. ChatGPT may produce inaccurate information about people, places, or facts.”
And the home screen also states ChatGPT limitations, that is, (1) it “may occasionally generate incorrect information”; (2) “may occasionally produce harmful instructions or biased content”; and (3) has “limited knowledge of world and events after 2021”.
And therein lies the major criticism among attorneys. Many attorneys have realized that while playing with this tool, that it has produced inaccurate information, including erroneous facts of cases, erroneous conclusions of cases, and even completely fabricating cases that do not exist. In their FAQs, ChatGPT admits that it will occasionally make up facts or ‘hallucinate’ outputs”. And as it states, it has limited knowledge after 2021 so it is not up to date on recent legal developments and cases either.
Attorneys are required by license to keep up with changes in our field and the profession as a whole, as well as, attend classes called CLEs (Continuing Legal Education) that supplement this education. Learning for us doesn’t end after school is over.
So, relying on ChatGPT for legal facts and advice is just ill-advised.
It would take a legally-trained mind to spot what’s right vs. what’s wrong. Because even when put to the test, ChatGPT has doubled down on the inaccuracies and misinformation rather than correct itself using educated users’ input.
2. Lack of Legal Expertise & Life Experience
While ChatGPT is an intelligent machine, it is by no means a legal expert. It can provide some answers to general legal questions, much like Google can, but it cannot give you legal advice.
Contrary to what many may think, the job of an attorney isn’t just to memorize cases and statutes. We have to apply them creatively and methodologically. And that doesn’t come without years of training and actual practice, i.e. experience.
ChatGPT doesn’t have that. It lacks the ability to analyze complex legal issues, interpret legal documents and regulations, and apply them to specific cases. It doesn’t have the life experience that attorneys, and humans, do. It can mimic our behavior, compile data, but it just can’t think for itself and make decisions.
Moreover, just like any other serious profession, attorneys are wired to think differently from the general public.
There’s been so many times where I can personally recognize the difference between how I would approach a situation prior to being an attorney versus my approach now. It’s interesting and almost shocking, and I’m sure sometimes annoying to the general public (lol). For example, when I get a contract — even the lengthy terms and conditions from Apple — I start itching to read it. It almost hurts to blindly sign without reading them. It goes against everything I and my fellow attorneys was taught in law school.
ChatGPT is unable to apply past experiences and connect with texts in this manner. Sure, it can read the terms and conditions, but is it truly able to understand all of the consequences and real world applications of it? Likely not.
3. No Personalized Guidance
As you can imagine, every legal case is unique, and thus requires an examination of very specific factors in order to provide adequate legal counsel.
ChatGPT provides at most generic responses based on the input it receives. And because clients do not always understand what would be legally relevant or irrelevant to their case, this input can already come at a disadvantaged.
Attorneys work closely with their clients to understand their specific situation, provide tailored legal advice, and represent them in court if necessary.
Attorneys provide a human touch and can empathize with their clients, which ChatGPT cannot do.
Many of the public are already apprehensive of a robot driving their car and self-driving cars, I would imagine they would be even more worried leaving their life and fate in the hands of AI in a high-stakes criminal court proceeding.
Clients want to connect with their attorney. They want to look them in their eye and know that they’re fighting for them as if it was their own person or a loved one’s life on the line. AI is totally incapable of providing that necessary empathy and conveying that confidence to a client.
4. Limited Scope
While ChatGPT can provide answers to general legal questions, it has a limited scope. As mentioned previously, it cannot provide assistance with specific legal issues nor can it represent clients in court.
And that’s likely not change anytime soon! The legal system is VERY slow to change, almost resistant. As society continues to advance, the judicial system is still struggling o catch up.
Turn on the news and you’re bound to hear some strange takes on social media apps, like Facebook and Tiktok, from policy makers and officials. It’s no secret that many of these officials have no clue about these new tools and youth culture. So it’s definitely going to take some time before we see an AI even granted a license to practice to law.
Attorneys, on the other hand, can provide legal representation in a wide range of legal matters, including intellectual property, criminal defense, personal injury, family law, immigration, and many more. As most attorneys do take the traditional route to become a part of this profession, we must undergo 4 years of college, 3 years of law school, a state-specific bar (“the baby bar”), the elusive, bar exam, and a character & fitness test before we are provided with a license to practice. And to keep that license we must continue to seek legal education in the form of CLEs and report that we have done so.
5. Confidentiality and Privacy
Legal matters can be extremely sensitive, and clients need to feel comfortable sharing their personal information and legal issues. As ChatGPT is a machine, clients may rightfully not feel comfortable sharing their confidential information with it.
Attorneys, on the other hand, are bound by strict confidentiality rules and can provide a safe and secure environment for their clients. Attorney-client privilege is one of the hallmarks of our profession. While your friend may not honor and protect your secrets, your attorney must.
Futhermore, the privacy rules of ChatGPT are still developing. As this is a new tool, ChatGPT is collecting and storing inputted data to learn more about us and the world. The creators want to learn how we interact with the tool, any errors they may need to correct, and so much more. This data will be meticulously reviewed. That’s why ChatGPT warns users to not enter any confidential and private information that you wouldn’t want them or a stranger to know.
However, earlier this month, it was reported tht Samsung employees have unfortunately inputed sensitive information on at least 3 separate occasions, including, confidential, proprietary code into ChatGPT for corrections. Now the company is worried about their information is readily available to strangers on the other end. Read more in this article.
Similarly, clients should be concerned about inputting private, sensitive information or even “accidentlally” confessing to anything via ChatGPT. Just as your Internet search history can be subpoenaed, it may be the case that your ChatGPT history can be used against you in the future. Currently, the only way to remove this private information is to delete your account, which may take up to 4 weeks. And though ChatGPT is trained to decline inappropriate requests, I’m sure users may find ways to circumvent this machine and get the information they need. So maybe they can get around ChatGPT’s “training”, but they may not be able to circumvent the law. It’s best to avoid ChatGPT if privacy is a concern.
Predictions & Conclusion
In conclusion, while ChatGPT is truly a fascinating technology that can provide some insight and answers to general legal questions, it can by no means replace the expertise, guidance, and personalized attention of an attorney.
Legal matters are complex and require human interaction, understanding, and empathy. That’s why it is not only essential to seek the help of a qualified attorney for legal advice and representation, but also, I disagree that my career or any other consultant-like career is in jeopardy with the introduction of this technology. People want to trust and consult with people, not robots.
On the other hand, I do believe that AI is going to change the world! I can definitely imagine certain careers being transformed in the near future — especially those jobs that focus heavily on journalism. I imagine that companies will still hire writers, but their jobs may be restructured to work side by side with AI. And depending on how you view it, this could be a good or a bad thing. Maybe a writer will want a rough draft to help them get started, or maybe it’ll take away from the creative process of their job and other jobs. Only time will tell.
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