It’s December 2022: we’ve finished evaluating OpenAI, and we’ve come to the conclusion that AI is much further along than we’ve anticipated. When we compare OpenAI versus lawyers, lawyers have the upper hand today, but how soon will that change?

Our Prompt to OpenAI (using the GPT-3 model):

Describe the power of OpenAI and why that may scare a lawyer in 6 paragraphs.

OpenAI response:

OpenAI’s research has had a profound impact on the AI field as a whole, as well as various industries. OpenAI’s breakthroughs in natural language processing (NLP) have enabled machines to communicate with humans in a more natural way. OpenAI has also made advances in reinforcement learning, which has enabled machines to learn from their environment and take action without explicit instructions. OpenAI has also developed bots that have been able to beat the world’s best players in games like Dota 2 and Go.

The power of OpenAI may scare a lawyer because of its potential to automate many aspects of the legal profession. For example, OpenAI has developed GPT-3, an NLP system that can perform legal research and write legal documents. This could potentially make the work of lawyers much easier, but could also lead to job losses in the legal profession. Additionally, OpenAI’s research could lead to the development of AI-powered systems that can make decisions on legal cases, potentially leading to a shift away from human-centric legal decision-making.

OpenAI’s advances could also lead to new challenges in the legal field. For example, OpenAI’s research on AGI could lead to the development of systems that can make decisions and take action autonomously. This could lead to difficult questions about the legal responsibility of these systems and how to regulate them. Additionally, OpenAI’s research could lead to new challenges in terms of data privacy, as OpenAI’s systems have access to large amounts of data that could be used for nefarious purposes.

The power of OpenAI could lead to a revolution in many fields, including the legal profession. While OpenAI’s research could lead to many benefits in the legal field, it could also lead to new challenges that lawyers will have to grapple with. For this reason, OpenAI’s power may be something that lawyers need to be aware of and prepare for.

Never mind that OpenAI’s response was 4 paragraphs, this is a pretty good answer, although it’s missing some fundamental issues.

This answer doesn’t discuss the challenges and issues associated with Intellectual Property or authenticity, nor does it touch on the current shortcomings of AI, which would include an inability to grasp nuance, perceive irony, or distinguish between information versus misinformation.

OpenAI Versus Lawyers: It’s Really No Contest

Our prompt to OpenAI:

In 5 paragraphs, describe why using lawyers would still be a good idea versus just relying on OpenAI.

OpenAI response:

1. Lawyers are experienced professionals who are trained to understand the legal implications of contracts, agreements, and other documents. They can help to ensure that all parties involved in a transaction are properly represented, their interests are adequately protected, and that any intellectual property involved is safeguarded. This is especially important in the context of OpenAI, because of the potential for misuse or exploitation of its technology. Using an experienced lawyer can help to ensure that all parties involved in an OpenAI agreement are adequately protected.

2. Lawyers can help to provide advice and guidance on the complexities of OpenAI technology, including issues such as data privacy, compliance, and liability. Lawyers can also provide expert advice on any potential legal risks associated with the use of OpenAI technology, ensuring that all parties involved in an agreement are aware of the potential implications and potential risks.

3. Lawyers can also help to ensure that all parties involved in an OpenAI transaction are legally bound to their agreement. This is important in order to protect the interests of all parties involved and to ensure that any dispute resolution is handled in an effective and appropriate manner.

4. Lawyers can also help to provide advice and guidance on the implications of OpenAI technology for privacy and security. This is especially important in light of the potential for misuse or exploitation of OpenAI technology, as lawyers are experienced in dealing with such issues.

5. Finally, lawyers can also provide advice and guidance on the implications of OpenAI technology for the economy and society more generally. For example, lawyers can advise on the potential impacts of OpenAI technology on employment, taxation, and other areas of public policy. This is important not only for businesses and individuals who are considering using OpenAI, but also for society as a whole.

I’m less impressed with this answer, as it appears somewhat shallow to me. A better answer (in my humble opinion) would be something to the effect of:

  • At least today, AI cannot intuit, nor make logical inferences and deductions — it can only aggregate, simulate and emulate — which means a lawyer will be able to deliver more strategic solution specifically tailored to the needs of a specific business.
  • Similarly, AI doesn’t appear to “understand” whether the sentences it’s stringing together is accurate and true. It can just as easily spit out intelligent sounding garbage as not, and that’s a big problem in the legal context — if you rely on that information.
  • A lawyer is still human, therefore able to share and convey human empathy versus an AI.
  • It’s easier to ascertain where a particular lawyer’s loyalty will lie, versus an AI located somewhere in the cybersphere.
  • A lawyer is governed by the professional rules of conduct to protect their clients, while an AI has no similar boundaries or control mechanisms.
  • A lawyer is fearful of screwing up (and getting disbarred or hit with a malpractice claim), where an AI presumably has no emotional enforcement mechanism.

How long will it be, before the above doesn’t hold true?

OpenAI Versus Lawyers: It’s Still Going to be Awhile

One should take care to not rely on the answers provided by OpenAI at this time, for a few reasons. First, it’s current training data is based on the Internet in 2021, and will be missing newer information. Second and more importantly, OpenAI doesn’t appear to have a mechanism to rank its training data, so it’s answers are derived from the Internet as a whole — which means it doesn’t know if it’s giving you false facts, misinformation or misapplied information.

Our prompt to OpenAI:

When will people be unable to determine the difference between OpenAI and a lawyer?

OpenAI response:

At this point, it is impossible to say when, if ever, people will be unable to determine the difference between OpenAI and a lawyer. OpenAI is an artificial intelligence research firm that focuses on developing systems that can think and act like humans, while lawyers are trained professionals who provide legal advice and represent clients in court. As AI technology continues to advance, it may eventually become difficult to differentiate between the two, but this is likely to be quite far in the future.

Still, we’re going to start using OpenAI to help us generate blog articles. When we do, we’ll tag the article with “OpenAI”, and give the appropriate credit.

Need to talk to a professional who can give you a solid, factual answer to your legal questions? Consider a 30-minute business attorney consult.

Law 4 Small Business. A little law now can save a lot later. A Slingshot company.

(Featured image provided by OpenAI, prompt was “Lawyer kneeling down praying and worshiping to a very large computer that towers over the lawyer and the rest of the village”, generated on 2022-12-11)

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