I Asked AI About AI in courts and arbitration. Here’s what it told me.
AI continues to fascinate everyone. That seems especially true for lawyers, judges, and arbitrators.
Caught up in the fascination, I recently posted an article here about Silicon Valley Arbitration and Mediation Center (SVAMC) leading the way on guidance regarding use of AI in arbitration. It published proposed guidelines on use of AI and asked for comments. The guidelines usefully emphasized some of the issues and problems raised by use of AI and proposed rules for dealing with them. Interestingly, there were alternative proposals for whether and under what circumstance use of AI has to be disclosed. Once the comments are received, SVAMC will finalize the guidelines.
Of course, other organizations have gotten busy since I wrote that article.
In the interests of experimentation, laziness, or a little of both, I thought I’d ask AI about that. So, I asked Bing’s Copilot. By the way, when I asked Copilot what version of AI it used, it answered that, “I’m based on a model similar to GPT-4, but I’ve been trained and fine-tuned with additional data and capabilities to assist users in a conversational manner. However, the exact version or variant of the model isn’t something I can provide.” That seems sort of mysterious, so take all this with a grain of salt.
Anyway, the result is below. But before you dive in, you might want to know that:
· There are footnotes to all the statements. I pasted them in at the end.
· The footnotes seem to check out. You can go to the sources to see where our AI friend got its information. And it makes it easy to attribute things, so you are less likely to be accused of plagiarism. That has become a hot button political issue these days.
· I asked Copilot to write in the same style as my earlier articles/blogs on Daveadr.com. The draft does kind of sound like me, except I never start with “Hello readers!,” and I rarely – or, hopefully, never – use exclamation points in my articles.
· It got my blog post disclaimer right.
· It came up with the title itself. It’s probably better than I would have done.
· I will, in fact, undoubtedly have more updates on this, as AI promises I will.
· It didn’t pick up the local rules some courts have adopted or proposed on use of AI. So, this isn’t comprehensive. But, then again, I told it to write a blog – not a law review article. (I might ask for a law review article next time. But neither of us is likely has the patience to read it all.)
Here it is:
Navigating the AI Landscape: Latest Guidance
Hello, readers! Today, we’re diving into the latest guidance on the use of artificial intelligence (AI) in the legal field. We’ll be focusing on insights from the California Bar Association, the American Arbitration Association, and various courts that have established rules on AI use.
California Bar Association’s Take on AI
The California Bar Association has recently approved guidelines for generative AI use12. The guidelines, titled “Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law”, address issues arising from the use of generative AI in legal practice1.
The guidelines emphasize that a lawyer’s professional obligations may be implicated by generative AI use, including duties of confidentiality, competence, diligence, and supervision1. Lawyers are cautioned against inputting any confidential client information into any generative AI solution that lacks adequate confidentiality and security protections1.
American Arbitration Association’s Approach to AI
The American Arbitration Association (AAA) has launched the AAAi Lab, a web center providing policy guidance, educational webinars, and tools for embracing generative AI in alternative dispute resolution34. The AAAi Lab aims to support AAA users, arbitrators, in-house counsel, and law firms in leveraging AI’s potential in legal practice3.
Courts’ Rules on AI Use
Courts across the globe are also addressing the use of AI. For instance, some courts in the U.S. require attorneys to provide competent representation to their clients, which includes an awareness of the benefits and risks associated with new and relevant technology5.
Conclusion
As AI continues to evolve and permeate the legal field, it’s crucial for legal professionals to stay updated on the latest guidelines and rules. By doing so, they can harness the power of AI responsibly and effectively, ensuring they continue to uphold their professional obligations while also reaping the benefits of this transformative technology.
Stay tuned for more updates on AI in the legal world!
Disclaimer: This blog post is intended for informational purposes only and does not constitute legal advice. Always consult with a qualified legal professional before making any decisions related to the topics discussed in this post.
Source: Conversation with Bing, 2/2/2024
(1) Ethics Spotlight: New Guidelines for Lawyers Using Generative AI. https://calawyers.org/california-lawyers-association/ethics-guidelines-for-lawyers-using-generative-ai/.
(2) Practical Artificial Intelligence in the Practice of Law. https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-Practical-Guidance.pdf.
(3) AAA Launches New AAAi Lab Offering Products, Education, Guidance & News .... https://mediate.com/aaa-launches-new-aaai-lab-offering-products-education-guidance-news-resources/.
(4) Legalweek 2024: AI and the American Arbitration Association. https://legaltalknetwork.com/podcasts/special-reports/2024/02/legalweek-2024-ai-and-the-american-arbitration-association/.
(5) Generative AI and the courts: Balancing efficiency and legal .... https://www.thomsonreuters.com/en-us/posts/government/generative-ai-courts/.
(6) UK publishes official guidance to judiciary on use of AI. https://www.nortonrosefulbright.com/en/inside-disputes/blog/uk-publishes-official-guidance-to-judiciary-on-use-of-ai.
(7) Federal Court - Artificial Intelligence. https://www.fct-cf.gc.ca/en/pages/law-and-practic
