British Judge Utilizes AI Chatbot in Landmark Judgment, Unlocking Potential of Generative AI
In a groundbreaking move, Lord Justice Birss, a court of appeal judge in the United Kingdom, has harnessed the power of artificial intelligence (AI) to aid in the writing of a judgment. Lord Justice Birss used ChatGPT, an AI chatbot, to provide a summary of an area of law, highlighting the potential of generative AI in the legal field.
Specializing in intellectual property law, Lord Justice Birss described the AI tool as jolly useful and asked it to summarize a particular legal topic. To his satisfaction, he received a paragraph that he deemed acceptable as an answer. Speaking at a conference organized by the Law Society, he expressed his belief that large language models like ChatGPT have significant potential in the legal sector.
Lord Justice Birss emphasized that he took full personal responsibility for the content of his judgment and merely tasked the AI with a task he was about to undertake. He was confident in its ability to provide a suitable answer that aligned with his knowledge and understanding of the law.
This marks the first known use of ChatGPT by a British judge to draft part of a judgment, showcasing the growing role of AI in legal decision-making processes.
Lord Justice Birss’s utilization of AI in the legal field follows discussions on the need for regulation and control over lawyers’ use of AI systems. Sir Geoffrey Vos, Master of the Rolls and Head of Civil Justice, previously highlighted the importance of establishing mechanisms to manage the use of generative AI in the legal system.
Interestingly, Lord Justice Birss isn’t the only judge to incorporate AI technology into their decision-making process. In Colombia, Judge Juan Manuel Padilla employed ChatGPT to aid in determining whether an autistic child’s insurance should cover the full costs of their medical treatment. The AI tool’s response aligned with Judge Padilla’s final decision, further underscoring the potential of AI in legal proceedings.
However, the use of AI tools in the legal field does come with potential risks. In New York, two lawyers were fined after submitting a legal brief with fabricated case citations generated by ChatGPT. District Judge Peter Kevin Castel criticized their actions, stating that while using reliable AI tools is not inherently improper, the lawyers had abandoned their responsibilities by submitting false citations.
As the legal profession embraces AI, legal experts stress the importance of cautious adoption. While AI, including chatbots, presents opportunities for efficiency and assistance, lawyers must be mindful of the risks involved. These risks include maintaining confidentiality, avoiding the waiver of privilege, and ensuring the ownership of crucial intellectual property assets like standard precedents.
The use of AI in the legal field continues to evolve, offering potential benefits and posing challenges. Judges like Lord Justice Birss are uncovering the value of AI tools in their work, but it remains crucial to strike a balance between leveraging technology and upholding professional responsibilities. As the legal profession navigates this new frontier, the role of AI in shaping judgments and legal practices is becoming increasingly clear.