AI and Legal Drafting

As artificial intelligence continues to advance, new technologies such as ChatGPT are emerging. While these technologies have the potential to greatly improve the efficiency and accuracy of legal drafting, they also raise important legal questions.

Authorship & ownership

The question of authorship and ownership of legal documents drafted by AI is a complex one, as it raises questions about the role of the human lawyer in the drafting process and the extent to which the AI tool itself should be considered the author of the document.

Under traditional legal principles, the person who writes a legal document is considered the author and holds the copyright to the work. However, when an AI tool is used to assist in the drafting process, it may be unclear who the true author of the document is. In some cases, it may be argued that the human lawyer who inputs the information and instructs the AI is the author, while in others it may be argued that the AI itself should be considered the author.

This issue is likely to be the subject of legal disputes in the future, as the use of AI in legal drafting becomes more widespread. It will be important for lawyers and legal professionals to carefully consider the issue of authorship and ownership when using AI tools in their work, and to take steps to ensure that any potential disputes over ownership are resolved in a fair and transparent manner.

Errors & omissions

The use of AI-powered legal drafting tools raises concerns about the potential for errors and omissions in the documents produced by these tools. While these technologies have the potential to greatly improve the speed and accuracy of legal drafting, there is always a risk that mistakes or important information may be overlooked.

In traditional legal drafting, human lawyers are responsible for carefully reviewing and checking the documents they produce to ensure that they are accurate and complete. However, when using AI tools, there is a risk that the lawyer may rely too heavily on the AI and fail to properly review the document, resulting in errors or omissions.

This could lead to legal liability for the lawyer who uses the AI tool, as they are ultimately responsible for the accuracy of the documents they produce. It is important for lawyers to carefully review any documents produced by AI tools, and to take steps to ensure that they are accurate and complete.

Ethical issues

The use of AI in legal drafting may raise a number of ethical concerns, including the potential impact on the legal profession and the potential for bias in the documents produced by AI tools.

One of the main ethical concerns surrounding the use of AI in legal drafting is the potential impact on the legal profession. As AI tools become more advanced and more widely adopted, there is a risk that they could replace human lawyers in some tasks, leading to job losses and potentially limiting access to justice for those who cannot afford to use these technologies.

Additionally, there are concerns that AI-powered legal drafting tools could introduce bias into the legal system. AI algorithms are trained on large amounts of data, and if that data contains bias, the AI may produce biased results. This could have significant implications for the fairness of the legal system and the protection of individuals' rights.

Overall, the use of AI in legal drafting raises a number of important ethical concerns that must be carefully considered. As these technologies continue to evolve and become more widely adopted, it will be important for the legal profession and society as a whole to carefully address these issues.

Furthermore, there are concerns that the widespread adoption of these technologies could lead to the loss of jobs for human legal drafters, and may ultimately limit access to justice for those who cannot afford to use AI tools.

Overall, the legal implications of ChatGPT and other AI-powered legal drafting tools are complex and require careful consideration. While these technologies have the potential to greatly improve the efficiency and accuracy of legal drafting, they also raise important legal, ethical, and economic questions that must be addressed.

_______________________________________________________________________________________________________________________________________________________________

For more information, please contact Gavin McInnes on 07 3367 8681 or gmcinnes@grmlaw.com.au.

 The information contained in this article is general in nature and cannot be regarded as anything more than general comment. Readers of this article should not act on the basis of this comment without consulting one of GRM LAW 's legal practitioners who will consider their particular circumstances.

Expertise

GRM LAW has a wide range of experience assisting companies in all aspects of business, corporate and IT law.

Not only will you find that GRM LAW is likely to have assisted someone in your exact situation, but you’ll find that a GRM LAW lawyer can distill a complex legal issue into a set of actionable options for you to consider.