The Oklahoma Bar Journal December 2024

E thics & P rofessional R esponsibility

Navigating Generative AI in Legal Practice: Harnessing Technology While Managing Risks 1 By Caroline Guerra Wolf and Lori Twomey P OTENTIAL COPYRIGHT VIOLATIONS, PRIVACY AND SECURITY CONCERNS, hallucinations, inaccurate or misleading information, unchecked bias and the fear that technology will replace human jobs and ingenuity – these are concerns that have been widely reported in the news about generative AI. While artificial intelligence is nothing new, the mainstream use of generative AI tools, such as the popular ChatGPT, has exploded onto the scene within the last two years. So, unless you have been living off the grid and in isolation, you’ve at least heard some of the horror stories attributed to the improper use of generative AI.

ChatGPT : Generative AI models like ChatGPT operate using a type of neural network ... [followed by several sentences you need a com puter science degree to decipher]. Authors : A critical thing for users to understand about gener ative AI is that it is like a super charged text prediction program. These models are not actually thinking ; instead, they produce text based on the most likely next word the model predicts will be responsive to the prompt. As such, the more specific the prompt, the better the response. And luckily for us, we don’t need to start a new conversation; instead, we can use ChatGPT’s existing response as a starting point for our next prompt. So let’s try again.

is not just the latest technology fad, here today and gone tomorrow like the Walkman; it’s a rapidly growing and evolving tool that will eventually become as indis pensable to the practice of law as online legal research is today. To help us explore the emerg ing world of generative AI tools, we thought it would be fun to turn to none other than ChatGPT itself. The questions below are actual prompts provided to ChatGPT (the free version), followed by ChatGPT’s answers and our elab orations, clarifications and – at times – refutations. Q: Can you explain, in one paragraph, how generative AI models like ChatGPT work?

While these concerns are all valid, and the horror stories should serve as cautionary tales to us all, there are very real efficiency and productivity advantages to be gained by the proper understand ing and use of generative AI tools, specifically in the legal field. You may be curious about how generative AI could help you in your law practice, you may feel skeptical about whether this new technology truly has a place within the law, or the horror sto ries may have caused you to make up your mind to never venture into the use of generative AI. The truth is, however, as attorneys, we can’t afford to ignore generative AI, just like we can’t afford to ignore the risks and ethical pitfalls that go along with using it. Generative AI

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.

DECEMBER 2024 | 7

THE OKLAHOMA BAR JOURNAL