Chatting with AI: Practice, Privilege, and Problems
The legal profession is increasingly adopting artificial intelligence companions, from litigants using ChatGPT to law firms with proprietary systems.
Two recent judgments highlight the risks and rewards of relying on GenAI. A barrister was referred to the Bar Standards Board for citing a hallucinated case and misleading the court, despite arguing that he had also been a ‘victim’ of AI.
In another case, a judge was praised for using AI to deliver his judgment, having "grasped the nettle" of AI adoption.
As AI use becomes more prevalent, questions arise over the status of privilege in AI prompts and outputs, and the consequences of AI misuse.
A barrister was referred to the Bar Standards Board for citing a hallucinated case and misleading the court, despite arguing that he had also been a ‘victim’ of AI.
The integration of AI in law practice raises pressing concerns.
Author's summary: AI adoption in law raises concerns over privilege and misuse.
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