The Oklahoma Bar Journal August 2023

how to take the [oath], you just don’t know how to hold the [oath] and that’s really the most import ant part of the [oath], the holding. Anybody can just take them.” 23 In essence, what we are see ing is that artificial intelligence, created by people, also mimics people – not just in intellect but also in our infirmities, including dishonesty and, perhaps, laziness. Clearly, generative AI is problem atic, and we will have to navigate its complex and thorny path with care – and quickly. But perhaps while we are inspecting AI’s “behavior,” we should inspect our own . In accordance with our ethi cal duties, are we “consistent with requirements of honest dealing with others?” 24 Or are we trying to win a game? Are we “us[ing] the law’s procedures only for legiti mate purposes and not to harass or intimidate others?” 25 Or are we trying to earn money however we can? Do we strive to “uphold legal process,” even when we must “challenge the rectitude of offi cial action?” 26 Or are we cutting corners because we think no one is watching? Are we “work[ing] to strengthen legal education?” 27 Or are we pulling the ladder up behind us? Are we “mindful of deficiencies in the administra tion of justice and of the fact that the poor … cannot afford legal assistance,” and are we therefore “devot[ing] professional time or resources to ensure equal access to our system of justice?” 28 Or not? Let us be people of honor, not just in how we use AI but in how we practice law. This is a good time to examine ourselves, as well as the tools at our disposal.

ABOUT THE AUTHOR

13. David Lat, “The Ethical Implications of Artificial Intelligence,” Above The Law 2020, https://bit.ly/3O3diew.

Jandra Cox has practiced law in Tulsa and Oklahoma City since receiving her J.D. from the OU College of Law. In addition to

14. Id. 15. Id. 16. Id. 17. Id.

18. Jacqueline Thomsen, “US Judge Orders Lawyers to Sign AI Pledge, Warning Chatbots ‘Make Stuff Up,’” (June 2, 2023) https://bit.ly/3XN6ftx. 19. https://bit.ly/44bDZTD. 20. Id. 21. Jacqueline Thomsen, “US Judge Orders Lawyers to Sign AI Pledge, Warning Chatbots ‘Make Stuff Up,’” (June 2, 2023) https://bit.ly/3XN6ftx.

representing her own clients, she has researched and ghostwritten for dozens of Oklahoma lawyers. She is an adjunct instructor at Southeastern Oklahoma State University, teaching undergraduate and graduate law classes in Oklahoma City. ENDNOTES 1. National Artificial Intelligence Act of 2020 (DIVISION E, SEC. 5001, effective Jan. 1, 2021). 2. Jeffrey Dastin, Akash Sriram, Saumyadeb Chakrabarty, “Explainer: What is Generative AI, the technology behind OpenAI’s ChatGPT?” (March 17, 2023) https://bit.ly/3NJK9DA. 3. F. Scott Fitzgerald, “The Offshore Pirate” (1920). 4. Grammarly, personal communication, June 2, 2023. 5. Louis D. Brandeis, Harper’s Weekly Dec. 20, 1913, Chapter V: What Publicity Can Do. 6. Grammarly, personal communication, June 3, 2023. 7. Benjamin Weiser, “ChatGPT Lawyers Are Ordered to Consider Seeking Forgiveness” (June 22, 2023) https://bit.ly/3pBEhV2. 8. Jacqueline Thomsen, “US Judge Orders Lawyers to Sign AI Pledge, Warning Chatbots ‘Make Stuff Up’” (June 2, 2023) https://bit.ly/3XN6ftx. 9. See, e.g. , Nicole Yamane, “Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands,” Georgetown Journal of Legal Ethics Vol. 33:877 ; Nicholas Boyd, “Do Professional Ethics Rules Allow You to Have a Robot Write Your Brief?” (March 21, 2023) https://bit.ly/3CZUCGf. 10. Lance Eliot, “Is Generative AI Such As ChatGPT Going To Undermine The Famed Attorney-Client Privilege, Frets AI Law And AI Ethics” (March 30, 2023) https://bit.ly/44buTXd. 11. See, e.g. , Nicole Yamane, “Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands,” Georgetown Journal of Legal Ethics Vol . 33:877; Thomas Spahn, “Is Your Artificial Intelligence Guilty of the Unauthorized Practice of Law?” 24 Rich J.L. & Tech. , no. 4, 2018. 12. Rebekah Hanley, “Ethical Copying in the Artificial Intelligence Authorship Era: Promoting Client Interests and Enhancing Access to Justice,” Legal Writing Journal , Vol. 26, Issue 2, 2022 (June 15, 2022). https://bit.ly/3PEACjU; David Lat, “The Ethical Implications of Artificial Intelligence,” Above The Law 2020, https://bit.ly/3O3diew.

22. OK ST RPC Preamble. 23. https://bit.ly/3NZL4kC. 24. OK ST RPC Preamble.

25. Id. 26. Id. 27. Id. 28. Id.

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

AUGUST 2023 | 21

THE OKLAHOMA BAR JOURNAL