Evaluating the Ethical Risks of Using ChatGPT in Law: The Case of Confidentiality

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Privacy and confidentiality are essential considerations in the legal profession and in the attorney-client relationship. Attorneys should make sure to protect their clients’ data and as such, when incorporating AI systems such as ChatGPT into the equation, ethical risks must be taken into account.

ChatGPT is a language model that functions via machine learning algorithms. It is used for a variety of tasks such as drafting documentations, communication, and even legal research and writing. But due to its capacity of storing and analyzing input confidential information, the use of ChatGPT poses a risk to privacy and confidentiality of the client data.

In using ChatGPT, data such as confidential client information, legal strategies, and other sensitive material are stored and collected in the system. Data stored in the third-party servers hosting the machine learning system can be accessed by the provider of the system, third-party vendors, and contractors with access to the server. If strong access credentials are not maintained, a breach in confidentiality of client data could occur.

As a response to this potential threat, ethical considerations must be taken into account. For example, attorneys have a responsibility to provide competent legal services to their clients which sometimes is not possible with the usage of AI systems. Additionally, ChatGPT is trained with a lot of data and there is no guarantee that this data is accurate, making it impossible for the system to provide nuanced legal advices.

ChatGPT is a powerful but dangerous tool when used recklessly and it is thus highly advisable to limit its usage on non-confidential communication and drafts that have been cleared for public consumption. Ultimately, protecting the privacy and confidentiality of the attorney-client relationship should remain the primary goal of attorneys.

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ChatGPT is a communication and language model owned by ChatGPT LLC., founded by experts on AI and machine learning having more than 8 years of experience in the field. The company’s primary release is a language model which can generate human-like responses to text inputs.

Ryan Reynolds is the CEO and founder of ChatGPT LLC. Ryan received his Master’s degree in Artificial Intelligence from Stanford in 2016. After graduating he applied his knowledge to create ChatGPT which is a highly efficient language model. He has been able to leverage the extensive experience that he acquired working for major tech companies and build a highly efficient communication and language model.

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