Article by

Rachel Loose

Holmes Mackillop’s Rachel Loose says the likes of ChatGPT doesn’t provide the emotional intelligence, judgement and critical thinking which lawyers offer.

Humanity has been exploring the possibility of using computers to simulate the cognitive function of the human mind for decades. However, it wasn’t until the late 1950s onwards, when computers became cheaper and more sophisticated, that artificial intelligence became a more realistic prospect.

Fast forward to 2024 and we see a momentum and widespread public interest in AI that’s largely down to the launch of a chatbot and virtual assistant called ChatGPT in November 2022 by OpenAI, an American AI research organisation.

Given that ChatGPT allows users to ask questions and get a response within seconds, it can be a powerful tool and one which individuals are increasingly turning to to solve solve problems and consult on a range of issues – millions of people every month. It’s clear that AI is here to stay and will only get more advanced.

When it comes to the legal profession, people are already using AI’s functions to serve as a “free lawyer”.

It sounds straightforward but, as we all know, dealing with people is rarely simple. Working in corporate law, I often deal with nuanced and complex situations for which AI is ill-equipped.

Relying on AI to draft share purchase agreements would be a good example of this. If you’re selling shares in your business, and thus giving away a level of control, accuracy is critical. Sellers need to protect their personal needs and ensure appropriate measures are put in place to limit the buyer’s power. If shares are being transferred to a family member this might mean navigating tricky dynamics, something with which solicitors can assist.

When it comes to selling a business in its entirety, vendors must safeguard themselves from liability which means drafting clauses which take into account possible future events. Buyers too must be careful, especially if they have other companies and don’t want the purchase of one business to adversely affect the rest of their portfolio. Lawyers bring a wealth of experience gained from previous transactions and circumstances and can advise accordingly.

That said, there is no doubt that AI can sometimes be a useful aid and something we can take advantage of in the legal profession. AI experts from the University of Cambridge have created an AI platform for solicitors called Luminance which can, for instance, scan legal documents and flag up contractual anomalies in need of review.

The danger lies in over-reliance on AI, given that inaccurate or misleading results can be generated. There are various reasons for these “hallucinations” which include insufficient or low-quality data, or the use of language which the tool doesn’t understand.

You might have heard of the case in the US last year where two New York lawyers and their legal firm were fined after six fictitious legal cases, generated by ChatGPT, were used in an aviation injury claim. While the judge ruled that it was not “inherently improper” to use AI, he said it was the responsibility of the users to “ensure the accuracy of their filings”.

As with most things in life, artificial intelligence has pros and cons. Our work is tailored to clients’ needs and as such there is a degree of emotional intelligence, not to mention human judgement and critical thinking, required. As you build relationships with clients on a human level, you learn more about their lives and plans for the future, both of which influence how, as lawyers, we can best serve the individual.

Rachel Loose, Solicitor.