Generative AI in the Courts - The Business Risks

 Many, especially in law firms, are aware that what generative AI produces can be inaccurate. At this phase of its development - ChatGPT had been released November 2022 - those in-the-know know to verify all results. The accuracy situation is such that some law firms even block the use of AI chatbots by their lawyers.

 

Well, those-in-the-know recently discovered that the situation goes beyond unreliable data. That's through the saga of Steven A. Schwartz of the law firm Levidow, Levidow & Oberman. Both he and the firm face possible sanctions in June by Judge Kevin Castel.

 

That is related to the first time Schwartz used ChatGPT. It was in personal injury case filed by plaintiff Roberto Mata against Columbian airliner Aviance. The defendant contended the statute of limitations had passed. 

 

ChatGPT cited three airline-related court cases. Schwartz included them in his brief. They turned out to be fabrications, that is, they don't exist. When Schwartz "interrogated" the generative AI platform about the validity of what it had dug out in its research, it downright lied. 

 

Yahoo Finance reports:

 

"He [Schwartz] said he even pressed the AI to confirm that the cases it cited were real. ChatGPT confirmed it was. Schwartz then asked the AI for its source.

"ChatGPT's response? 'I apologize for the confusion earlier,' it said. The AI then said the Varghese case could be located in the Westlaw and LexisNexis databases."

 

How Judge Castel treats this situation could disrupt how law firms manage AI chatbots. Right now law firm chairs and senior partners, typically risk-averse players, might be pressing "pause" on the pace of implementing generative AI or for introducing the technology in the first place. 

 

However, simultaneously those law firms which have Artificial Intelligence practices (whether those use generative AI as a tool or not) could become in-demand. They could be contracted to defend those who find themselves in the kind of pickle Schwartz and Levidow are in. Those include Gibson Dunn, Mintz, Epstein Becker, Quinn Emanuel, and Paul Weiss. 

 

In addition, the SCOTUS decision in "Andy Warhol Foundation v Goldsmith" raises questions about copyright and fair use. Those introduce plenty of legal ambiguity. Here is a copy of the opinion. 

 

Small business could be scared off from using the graphic functions of ChatGPT4. Meanwhile it's small business which could achieve major cost-control by producing promotional imagery through generative AI. In my coaching practice I have flagged business owners about the risks. 

 

Generative AI can evolve into the kind of legal battlefield ESG issues have, as with Disney. 

 

What is your career story? Or, what do you assume it is? That narrative may be ot-of-date and holding you back.

Take advantage of a complimentary consultation. Please contact intuitive career coach Jane Genova at janegenova374@gmail.com or text 203-468-8579.

Comments

Post a Comment

Popular posts from this blog

Kirkland & Ellis Reported to Be Building Moat Around Firm to Deter Poaching of Stars

  "Kirkland gives partners more than half their pay after the end of the year in which they earn it. For partners who depart to other firms, the new policy gives the firm discretion to withhold that pay, according to a person familiar with the change."   Bloomberg Law , July 18, 2024 Scrapper Kirkland & Ellis is no slouch when it comes to protecting its business - known as the most successful law firm in the world.  Paul Weiss  certainly got in the way by launching not one but two high-profile raids on its London office stars. Gone were brandnames ranging from Neel Sachdev to Roger Johnson. In addition, Latham poached Matthew Cohn. If there is such a policy, as reported, then Kirkland & Ellis has created what could be an effective deterrent for both partners' leaving and potential poachers' approaching the star lawyers. And it all comes downs to money - big money: That is, both what partners would leave behind which they have already earned and how much ...
Read more

Akin Gump Julia Ghahramani's March 2021 Cocaine+ Death - So?

   It had been way back more than a year ago that first-year associate at law firm Akin Gump Julia Ghahramani died from cocaine laced with fentanyl. Yet that story keeps resurfacing.  This week  RollonFriday  revisits it. And  Reddit Big Law  considers the issue if the energy from cocaine is what's making possible those 2,500 hours billed in law firms.  Is what's keeping this on the radar the hunch that use of the illegal substance cocaine is common among those practicing law? After all, in addition to being an energy-booster, it provides a nice reward for such hard-working lawyers. Also, they have the earnings to afford it. Most of the rest of gunners have to stick with boozing. So, why not?  The reality might be setting in that the death could simply have been an aberration. Think about it this way: Ghahramani had bad luck in her alleged choice of dealers. Others might be able to exert more scrutiny in overseeing the content of the il...
Read more

Up-or-Out: McKinsey Raises the Pressure, In Contrast Some Law Firms Ease It through Nonequity Partner Tier

" McKinsey & Co.  warned some US consultants last week they are running out of time to win promotion, raising the 'up or out' pressure on staff as the global consulting industry struggles." - Abovethefold Article in Bloomberg , March 27, 2024 This is yet another sign that once-iconic McKinsey is a professional services firm in trouble. One challenge is overcapacity of manpower. It has also warned about 3,000 consultants about "concerns" regarding their performance.  In addition to the overall slowdown in management consulting, McKinsey faces scrutiny from myriad sources about its client list including assignments with China and Saudi Arabia. There also has been that hatchet-job book "When McKinsey Comes to Town." The most damning aspect of the expose is that former employees dump on it. Posts on the professional anonymous network Fishbowl Consulting aren't optimistic about a turnaround at McKinsey or at other players in that sector. In cont...
Read more