职业发展
Lawyers Face New Challenges in Navigating Legal Jungle of Emerging Technologies
2023年7月28日
The legal profession is notorious for being slow to adopt emerging technologies, 但随着人工的兴起
intelligence (AI) tools in the past few months, law firms should consider hiring more technology experts with legal expertise, 杰克·马歇尔说, legal ethicist and president of ProEthics, Ltd.
Marshall made the argument during the D.C. 靠谱的滚球平台协会 course “Legal Technology Jungle: The Law’s Greatest Ethics Challenge” in early July. There is precedent for this, Marshall said, citing 规则 5.4(a)(4)和5.D .第4(b)段.C. 职业行为准则, which allow law firms to have nonlawyers as partners.
“维.C. Bar plowed new ground with [those rules],马歇尔说. “The rules do not mention specialists in technology, but I would argue [that] technology experts who also have legal expertise are [among] the most valuable members a firm could have. You cannot practice law as effectively as is necessary without being on top of technological developments.”
AI, 特别是ChatGPT, has gripped the attention of the legal profession most recently, calling attention to the ethical risks of its usage in the practice of law.
“The American Bar Association saw the following mist coming in artificial intelligence,马歇尔说. “It put out a resolution [in 2019] that stated it encourages courts and lawyers to address the emerging legal and ethical issues related to the usage of artificial intelligence.”
ABA科学 & Technology Law Section cosponsored a resolution adopted this year addressing how attorneys, 监管机构, and other stakeholders should assess issues of accountability, 透明度, and traceability in artificial intelligence. “It was a very optimistic report,马歇尔说 of the ABA resolution.
除了电子文档发现, 预测分析, 以及文件起草, Marshall mentioned some of the more shadowy usage of AI such as company records search to detect bad behavior preemptively and identification of potential wrongdoing based on code words, as well as review of employees’ emails to determine morale.
“这是 少数派报告 如果你问我的话，”马歇尔打趣道. “A robot has determined that Joe is ready to snap like a dry twig. 把他弄出去吧.”
Certainly, the emergence of ChatGPT has prompted legal ethicists like Marshall to sound the alarm. “这部电影 《靠谱的足球滚球平台》 马歇尔说:“你做得对吗. “There is reason to worry about this stuff. The problem is — and this was not in the ABA resolution — that ChatGPT is not trustworthy. 也许最终会的. But I would argue that anytime a lawyer places their own trust in the hands of AI, I don’t care how good it’s supposed to be, that is a breach because [the lawyer] has no way of checking it. What does a chatbot have to worry about? 它不会被取消靠谱的滚球平台资格.”
Law schools’ use of ChatGPT to teach legal writing is also a serious problem, Marshall said. “You can’t teach legal writing by handing it off to artificial intelligence … We all want to save time to help us do a better job. But to the extent that it’s being rushed upon us is a problem. Nonetheless, we have to pay attention to it,” he added.
Marshall also touched on unsettled questions around voice-activated virtual assistants such as Alexa. “I won’t have an Alexa in my house,马歇尔说. “And I would advise any lawyer to not have one in their office meeting room, certainly until we know how that [collected information] is going to be held. 这是一个持续的威胁.”
