2023-07-28 21:04:16
A lot is being said, assuming the topicality of the subject and the profusion of news that is disseminated, not always in language accessible to the computer layman, about the incidence and usefulness of the use of Artificial Intelligence (AI)in the legal world.
Colleagues who love the new write ingenious articles and flyers in which they highlight the benefits of this computer tool. The more traditional colleagues, who do not usually write about these topics, considering them of little legal scope, in every conversation that is held with them, they show that AI is not a resource that can be used in the legal world.
The national and international experience of those in the world of Law who have used AI in their daily tasks is very diverse. Some, both at home and abroad, have drafted court briefs using AI alone.
I know of students of the Law Degree, who prepared and presented practical work requested by their professors, using AI, without adding any personal contribution; and a lawyer who left the AI to fully draft a private law contract.
In the case of judicial writings, a great risk is generated for those who sign them as their authorship: the AI still (we don’t know what will happen in the future) makes mistakes. And as an aggravating circumstance, since it is a system/platform that learns as it is used, ChatGPT “learns” to make appointments and then invents jurisprudence, citing parties, litigation objects, background information and resolutions, simply credible view, but totally false.
In the case of the student who presented the practical work to the teacher and the colleague who delivered the draft contract to his client, both prepared by IA, without having reviewed it or provided his personal contribution and legal knowledge, the errors in both documents were visible. , for those who practice the Art of Law and the discipline of University Teaching.
The question that arises at this point is Is ChatGPT / AI really incompatible with the world of Law? My personal answer is no. Not only are they not incompatible, but AI can be used as a very efficient tool. But it is not a 100% reliable instrument..
And this is where the dichotomy between the Law and the Legal Profession. AI cannot generate Law, nor does it have the capacity to give exhaustively accurate answers about this Science. If you can compile records, with a speed that no human being, and no lawyer, can match. But these records must then be analyzed by a Lawyer, experienced in the Art of Law.
I am part of the Firm that we founded with a great friend, a prestigious Professional and renowned academic 29 years ago (www.nfla.com.ar). The team, which has been consolidated over time, generates in the daily practice of the Legal Profession, both in the Litigation Area, and in the Corporate Counseling Area, an added value, given by the Firm’s culture, which exceeds the contributions of the AI.
But the AI used as the first tool to approach a subject, speeds up the work, sometimes routine, and almost always without intellectual value, of gathering background and data. These must then be analyzed, sifted, and appraised, by the lawyers who are members of the Team.
In my opinion, AI is advancing and we must learn how to use it. But it is impossible to replace the wisdom, prudence, cunning, rigor in analysis and the experience of a Lawyer with years of professional practice.
Marcelo Loprete is a Doctor of Law, business consultant and partner of the Navarro Floria, Loprete y Asociados law firm.
by Marcelo Loprete
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