AI tools continue to raise legal questions

As companies and business professionals embrace the capabilities of AI natural language processing tools like Chat GPT, legal issues surrounding its use are raising important questions about copyright, liability, and data privacy.

Two attorneys were recently sanctioned by a New York federal judge after submitting a legal brief written by the artificial intelligence tool, which included citations of non-existent court opinions and fake quotes.

Smith + Malek founder and attorney Peter Smith said Chat GPT’s accuracy and reliability depend on the quality of the prompts given to it and, in cases where the tool has been misused, incorrect citations have sparked potential legal consequences.

“It’s one of those things where it depends on the quality of the prompt that you give,” Smith said. “For example, if I wanted to draft a purchase and sale agreement for real property, the more information I give it as far as the buyer, seller terms–all of that information that is already documented, the better.”

While Chat GPT and other AI tools have proven to be time-savers in the workplace, it’s important to acknowledge their limitations, as well as potential legal and ethical concerns. Smith mentioned the use of AI language tools in the future of healthcare, and its potential to streamline the process of creating patient chart notes. 

“It’s human nature to forget things—an AI interface that can listen to patient conversations, take the key points, and analyze what should be in a health chart and guide future treatment, thus relieving doctors in their off hours,” Smith said.

However, this advancement could also raise concerns regarding privacy and data security. “And then we have all the privacy concerns that come in with that. Where’s this data going? Where is it stored? These are all questions and we’re working our way through. The privacy implications here are going to be something society’s going to wrestle with for 25 years,” he added.