Can AI be my lawyer?

With the emergence of artificial intelligence that can pass the bar exam, the question arises: Why do we need lawyers anymore? Can ChatGPT, or some other AI, be my lawyer? The answer to the latter is, “No”, for a variety of reasons.

The most popular and accessible artificial intelligence models, like ChatGPT, are large language models (“LLMs”). LLMs are trained to generate text that sounds like it was written by a human being, using predictive reasoning. LLMs learn pattern recognition by studying large volumes of text. When you ask an LLM a question, it does not “think” of the right answer, or even predict it. It generates an answer by predicting it one word at a time, relying on patterns it recognized in its training data set.

The Limitations Of AI In Answering Legal Questions

When you ask ChatGPT a legal question it is not giving you advice, but rather predicts what good advice would sound like one word at a time.

Every LLM have inherent limitations on how reliably it can answer legal questions:

a) It may have gaps in its training data, all of which is curated by human beings who trained it, yet may not admit to this gap. Its data, even when taken from the Internet, is often at least several months out of date.

b) It may adopt a bias, depending on the tone it perceives in your question, without admitting to the bias.

c) It may be manipulated into adjusting its answer, depending on your follow-up questions or reaction to its answers.

d) It may hallucinate laws and court decisions that do not exist. 

e) It often fails to appreciate the importance of differentiating between different common law jurisdictions (e.g., Canada versus the United States) or different legal systems altogether (e.g., common law versus civil law). Different jurisdictions and legal systems often use similar concepts and language, yet applied very differently.

f) It may not grasp the importance of minute details in your legal question which are key considerations, and provide an answer based on what generally sounds right. No two scenarios are exactly the same, and legal reasoning often requires creative thinking within the guidelines of legal reason and ethical obligations.

g) It may not appreciate the nuance of legal reasoning, which involves balancing rights, obligations, harm, benefit, fairness and public interest in accordance with established frameworks while seeking a desired outcome.

h) It lacks accountability, since it is not subject to the same legal and ethical obligations as lawyers. Any services it provides are not covered by insurance. If an LLM gives the wrong answer, the terms of service often waive any liability for poor advice.

AI-Powered Lawyers

Lawyers are trained to provide legal advice that avoids all of the previously outlined pitfalls of AI. They have obligations to provide advice that is up to date as of the day they provide it, to factor in all of the key relevant details, and to give reliable advice even when it is not what a client may want to hear.

At SV Law, we provide access to legal services that you can organize your life and business around. We leverage specialized legal AI for evidence management, drafting and research to reduce your costs, while keeping lawyers in the driver’s seat. This ensures you benefit from the same quality of service as before the dawn of AI, while also benefiting from its efficiencies.

Our many qualified and experienced lawyers would be happy to assist you with your legal needs. If you are unsure which lawyer to contact, we invite you to call or email one of our offices. Please visit our Contact page for more information.