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ChatGPT, Artificial Intelligence and the Law

  • Written by John Bui


In late 2022, OpenAI launched an AI-powered chatbot that can generate text in a conversational and interactional way. This chatbot, called ChatGPT, generates a host of new possibilities when considering ways in which we can access information. There are many implications of artificial intelligence on the legal field.

In this article, we aim to explore the implications of ChatGPT in the legal field. Before we do so, let us understand how ChatGPT can be used.

How Can Lawyers Use ChatGPT?

Since the bot can create different types of content, lawyers can use it to create legal content based on instructions that they give. For instance, lawyers can use ChatGPT for preparing legal documents like contracts and briefs. Moreover, it can also create drafts of clauses based on the instruction and information that it is fed.

For example, if users wish to use ChatGPT for preparing a contract of sale, they can input basic information like the buyer’s name, seller’s name, price of property etc. Using this critical information, the bot can then prepare a draft contract.

It can serve as a useful tool that attorneys can use to conduct legal research. Although, it still does not cite and reference sources. When conducting legal research, citation checking and including specific references to law are very important. This makes the research material more authentic and credible.

Therefore, the lack of specific references provided by ChatGPT can pose a great challenge. However, as is the case with most technology and AI, ChatGPT has great potential to undergo development and become a more sophisticated version of itself.

Additionally, ChatGPT can also help with answering ‘frequently asked questions.’ If people are looking for general legal advice, they can pose questions to ChatGPT that can provide basic legal answers to frequently asked questions. This can include legal definitions, or knowing which Section or Act governs a particular legal issue.

Potential Issues and Negative Implications

Not long after the introduction of this bot, OpenAI themselves had admitted that ChatGPT can often produce “nonsensical” responses. Moreover, ChatGPT has a knowledge cut-off, i.e., it cannot provide information on any recent updates or changes to law.

Moreover, ChatGPT has a contextual bias, in that, it provides responses that are biased by what was previously said or asked. This means that if someone discusses an issue with the bot, it may provide different solutions to the same issue based on what was asked before.

It can provide inaccurate and incorrect responses that can potentially cause real-world harm. Within the legal field, this can pose a very serious challenge. If people rely on such inaccurate responses to make decisions, they can face serious consequences.

For example, if a party relies on inaccurate legal solutions provided by ChatGPT, it can be considered as negligent legal advice.

Because ChatGPT is still very recent, there are many problems which we still cannot predict. Therefore, it is necessary to stay updated about the developments that take place in the future, so as to make optimal use of technology in the legal field.

Author info:

John Bui is the Principal Solicitor of JB Solicitors – a law firm based in Sydney, Australia. John is a Nationally Accredited family law Mediator and Arbitrator with over 10 years’ experience in family law and commercial litigation.