Title: ChatGPT’s Efficiency Boost for Attorneys Comes with Ethical Responsibilities
Artificial intelligence (AI) chatbot, ChatGPT, developed by OpenAI, has become the fastest-growing app in history, according to Swiss bank UBS. This natural language processing tool allows for human-like conversations on an infinite range of topics, offering the legal industry new opportunities for efficiency. However, as with any technological advancement, there are risks, limitations, and ethical considerations that attorneys must not neglect.
The Model Rules of Ethics require lawyers to maintain technological competency, meaning they should stay updated on changes in the law and its practice, including the associated benefits and risks of relevant technology. Attorneys cannot ignore ChatGPT, as their colleagues and clients are already using it and similar programs. Therefore, it’s crucial for every attorney to understand the potential risks and benefits.
While ChatGPT and other generative AI programs can automate tasks and enhance efficiency, they are still under development and cannot replace attorney judgment entirely. ChatGPT gathers information from the Internet, but its responses may not always provide the most accurate or relevant data. In fact, early attempts to obtain case law from ChatGPT resulted in fabricated cases, as it may have interpreted such queries as creative writing prompts rather than legal research requests. As a result, ChatGPT no longer provides case law, recognizing its limitations in evaluating legal questions or mining and assessing case-specific data.
Though ChatGPT can generate responses on countless subjects, attorneys must prioritize their ethical duty of competence over convenience. It is essential for lawyers to verify the answers provided by ChatGPT, comparing them to their own knowledge or conducting independent research from reputable sources. Moreover, ChatGPT lacks the ability to provide sources or evidence to support its answers, underscoring the importance of independent verification.
Ethical conversations about ChatGPT should also focus on maintaining client confidentiality. The terms of use for ChatGPT explicitly state that any content shared using the tool may be reviewed and is not private. Attorneys must exercise caution to ensure that the input given to ChatGPT does not contain confidential or privileged information that could potentially violate their duty to safeguard client information.
Notably, ChatGPT’s terms of use place the responsibility for data security and privacy on the user. Recently, Samsung employees unknowingly leaked confidential data while using ChatGPT to assist them in addressing source code issues, including sharing their source code and internal meeting notes. It is, therefore, wise for firms to invest in training employees and clients to use AI responsibly and transparently. As new technologies emerge, it is vital to update company policies and guidelines accordingly.
One concern among users is that once entered into ChatGPT, data cannot be retrieved or deleted as it is stored on OpenAI servers. Conversations and user inputs are saved as ongoing threads to help improve the accuracy of the AI over time. However, the process by which personal information is used for data training may raise compliance issues with privacy regulations like the European Union’s General Data Protection Regulation (GDPR). Italy temporarily banned the use of ChatGPT due to concerns over privacy violations, potential misinformation dissemination, and the lack of an age verification system to protect minors. OpenAI has made efforts to address these concerns by adding information about data collection and usage to its website and implementing an age verification tool. Additionally, users have the option to opt out of having their data used for training, although this requires a manual process.
Another area of uncertainty pertains to the risk of intellectual property violations when using ChatGPT’s prepared responses. While users own the copyright in their own prompts and the generated responses, it is uncertain how and where ChatGPT obtains its data. As ChatGPT scans the web for information from open sources, there is no guarantee that the content generated will not infringe on someone else’s copyright. Therefore, law firms should advise caution and restrict the use of ChatGPT-generated content to internal purposes, such as information or educational materials.
By recognizing the limitations of AI technology and considering the ethical considerations mentioned above, ChatGPT can be harnessed in an innovative and ethical manner. However, attorneys must continue to use this technology responsibly, ensuring they uphold their ethical obligations and prioritize client interests.
