The Artificial Intelligence of Deceit: How Lawyers Are Being Lulled into a False Sense of Security by AI "Assistance"
In a recent case, the attorneys for the plaintiff in Parker v Forsyth N.O. & Others were slapped on the wrist by the Johannesburg Magistrate’s Court for using ChatGPT as part of their legal research. The court’s rebuke wasn’t due to the use of AI per se, but rather the attorneys’ failure to verify the accuracy of the results generated by the chatbot. It seems that these lawyers, like many in the profession, are placing undue faith in the capabilities of artificial intelligence, relying too heavily on its "assistance" and neglecting the fundamental importance of human expertise and critical thinking.
The Lure of Automation
A recent survey by Wolters Kluwer found that nearly three-quarters of lawyers plan to use AI in their day-to-day activities, believing it will streamline tasks and increase efficiency. And, indeed, AI-powered e-discovery tools can quickly locate relevant information, freeing up time for more strategic and creative pursuits. But this "automation" comes at a steep price. It’s a trade-off between convenience and critical thinking, and it’s a risk that lawyers must be willing to take.
The Danger of Misconception
Many lawyers, especially those at the lower rungs of the profession, are embracing AI with reckless abandon, convinced that it’s the panacea for all their woes. But this misconception is rooted in a fundamental misunderstanding of the role of AI in the legal process. AI is not a substitute for human expertise; it’s merely a tool designed to augment and assist our work. To truly benefit from AI, lawyers must be willing to put in the time and effort to understand how to use it effectively, to identify its limitations, and to recognize when it’s merely a flawed tool masquerading as a panacea.
The Inevitable Inevitability of AI in the Legal Profession
Despite these warnings, the integration of AI into the legal profession is inevitable. Law firms will increasingly use AI-powered tools to automate tasks, free up time for more strategic pursuits, and gain a competitive edge. The question is not whether AI will be a part of our future, but how we will adapt to its presence. Will we see a shift towards more technology-savvy lawyers, or will we witness a proliferation of mediocrity as lawyers coast on the coattails of AI?
A Call to Arms
In the end, it’s up to each individual lawyer to decide how to respond to the threat and opportunity presented by AI. Will we be the pioneers who adapt to the new landscape, or will we be the relics of a bygone era? The choice is ours. As the great legal philosopher once said, "Lawyers are like crows – we see the beauty in the darkness and the darkness in the beauty." Let us not be blinded by the allure of automation, but instead, let us strive to be the crow who sees the truth and refuses to be seduced by the artificial intelligence of deceit.
