ChatGPT for lawyers: How AI is reshaping legal work in Canada – Canadian Lawyer Magazine
Explore the advantages and disadvantages of using ChatGPT for lawyers in Canada. Learn key tips and best practices for automating legal work
Generative AI is turning into a powerful force by reshaping how legal work is done. One of the most talked-about advancements is ChatGPT. This AI-powered tool is capable of generating human-like text, answering questions, and assisting with complex legal tasks.
The question is – how does ChatGPT for lawyers work in streamlining the profession?
In this article we’ll explore how ChatGPT works, its benefits and limitations, and what legal professionals need to know before using it in practice.
Yes. ChatGPT is a type of generative artificial intelligence (AI) built using advanced language models. It can draft documents, answer questions, summarize information, and even hold conversations. Unlike traditional programs, ChatGPT learns from vast amounts of data and adapts its responses based on context.
In the legal industry, this means AI tools like ChatGPT can assist with legal research, draft contracts and summarize case law. It may even help lawyers prepare for complex legal matters. The technology is not limited to routine tasks as it can provide insights, suggest arguments, and help lawyers process large volumes of information quickly.
This allows lawyers to focus on more important aspects of their work. For example, more time can be given to legal analysis and client advocacy. ChatGPT for lawyers might include using AI to generate a summary of recent case law, freeing up time to develop a legal argument for court.
The legal profession is built on trust, accuracy, and efficiency. So, can ChatGPT deliver on those principles the same way a lawyer can? Here’s your answer:
Conducts legal research: ChatGPT can help identify relevant statutes, summarize case law, and provide overviews of legal concepts. While it cannot replace comprehensive legal research, it can serve as a starting point or brainstorming tool
Drafts legal documents: Lawyers can use ChatGPT to generate first drafts of contracts, pleadings, memos, and correspondence. This can save time and reduce the burden of repetitive drafting tasks
Enhances client communication: AI can assist in preparing client updates, explanatory emails, and responses to frequently asked questions to guarantee clear and timely communication
Summarizes case law and legal materials: The tool can shorten long judgments or legal articles into concise summaries for easy reading
Despite these benefits, ChatGPT is not a substitute for human expertise. Its limitations include:
Accuracy: ChatGPT can generate believable but incorrect or outdated information. It may “hallucinate” facts or cases, creating citations or legal arguments that do not exist. This risk is particularly acute in legal contexts, where accuracy is paramount
Confidentiality concerns: Inputs into ChatGPT may be processed or stored within the program’s database. This rases concerns about client confidentiality and compliance with privacy laws
Legal context: ChatGPT does not understand the nuances of Canadian law or the specific facts of a case. Its responses are based on patterns in data and not on legal reasoning. This is why all outputs must be carefully reviewed and verified by a lawyer
Other than those mentioned however, ChatGPT for lawyers also comes with additional risks:
While ChatGPT has quickly become the most recognized AI tool for lawyers, it isn’t the only option available. Other AI-powered platforms are emerging. Like ChatGPT, these tools use advanced machine learning to process information and assist with complex legal tasks. However, each has its own strengths, limitations, and best use cases.
Some notable AI tools like ChatGPT include:
Google Gemini: Google’s generative AI platform offers conversational capabilities and works with Google’s suite of productivity tools. It can be used for drafting, summarizing, and brainstorming but with integration features for Google users
Microsoft Copilot: Copilot uses generative AI to assist with drafting emails, documents, and presentations. For lawyers, this can mean faster preparation of client communications, memos, and even basic legal documents
Casetext CoCounsel: CoCounsel uses AI to conduct legal research, review documents, and assist with drafting. This is specially made for the legal profession
Sana: Sana is an enterprise AI platform designed to help organizations find, organize, and retrieve knowledge across internal documents
Harvey: This is an AI legal assistant designed to help law firms automate routine legal tasks. Its focus is on delivering legal-specific outputs with emphasis on privacy and compliance.
The guidelines for using these AI tools are the same: use them to enhance efficiency and productivity only. They should never be a substitute for legal expertise and sound judgment.
It didn’t take long before real-world misuse of ChatGPT for lawyers got into the news. In June 2023, two New York lawyers were sanctioned after submitting a legal brief containing six fictitious case citations generated by ChatGPT. The US District Judge found that the lawyers acted in bad faith and were fined $5,000.
A similar episode occurred in Canada, where a Vancouver lawyer faced investigation after submitting “fictitious” cases generated by ChatGPT. Fortunately, the court found no intent to deceive. However, the incident resulted in negative publicity and a formal review by the Law Society of British Columbia.
Here’s an interesting video made about the inaccuracies of Chat GPT for lawyers:
These cases highlight an important lesson: ChatGPT and other AI tools can be useful, but they must be used with caution. Canadian legal professionals are expected to comply with ethical standards and to verify all information generated by AI before relying on it in legal matters.
Canadian law societies have begun to address the use of AI in legal practice, recognizing both its potential and risks. The Law Society of British Columbia, for example, has issued guidance reminding lawyers about their professional obligations.
Regulatory bodies emphasize that lawyers must:
understand how AI tools work, including their limitations and potential for error
supervise and review all outputs generated by AI to ensure accuracy and compliance with legal standards
maintain control over the legal work product to maintain the quality or integrity of legal services
stay informed about evolving best practices and regulatory requirements related to AI in the legal industry
Lawyers are also expected to keep updated on any changes in guidance or regulation as guidelines on AI are constantly changing.
It would be foolish to ignore AI tools completely. The trend shows that these tools will have a strong impact in how many professions move forward. For best results during use, however, lawyers must remember the following:
Identify the specific tasks in your practice where ChatGPT could add value. Common areas include legal research, drafting standard documents, summarizing case law, and answering routine client questions.
Educate your staff about the capabilities and limitations of ChatGPT. Make sure everyone understands the importance of verifying AI outputs and maintaining client confidentiality.
Begin by using ChatGPT for general research, drafting templates, or brainstorming. Gradually expand its use as you become more comfortable with the tool and its prompts.
Review all outputs for accuracy, relevance, and compliance with Canadian law. Cross-check citations, case law, and legal principles against authoritative sources.
Use ChatGPT as a drafting or research assistant, not as a final authority. The lawyer remains responsible for all legal work.
Never input sensitive or confidential client details into ChatGPT unless you are certain the platform is secure and compliant with privacy regulations.
Finally, make sure to monitor developments in AI technology and legal ethics. Regularly review guidance from Canadian law societies regarding the use of AI in legal practice.
By following these best practices, Canadian lawyers can utilize the advantages of ChatGPT while maintaining the integrity of their legal practice. The key is to use AI as a tool. It only supports but never replaces the professional judgment and ethical standards that define the legal profession.
The Law Society of British Columbia isn’t the only organization that released guidelines for the use of AI in the profession. Even the Law Society of Alberta and Law Society of Ontario have their own guidelines for lawyers within their jurisdictions. This shows that AI is here to stay, and the legal profession must brace itself for the changes.
Legal professionals can expect client expectations to evolve, with demands for greater transparency, efficiency, and responsiveness. AI tools like ChatGPT will likely handle more of the repetitive or administrative aspects of legal work. This will require lawyers to develop new skills such as managing data privacy and evaluating AI-generated content.
Currently, law societies and professional organizations are already offering training on legal AI. Forward-thinking lawyers are taking advantage of these opportunities to future-proof their practice. By remaining open to innovation, lawyers maintain their position as trusted advisors in a modern legal environment.
Used mindfully, ChatGPT for lawyers can enhance efficiency and free up time for higher-value legal work. However, their use must always be balanced with a commitment to confidentiality and accuracy. For now, lawyers who stay informed and approach AI with caution are in the best position to quickly grow in the industry.
For deeper insights into the intersection of tech and law, make sure to stay up to date with different events targeting updates in the legal profession.
The Canadian Legal Newswire is a FREE newsletter that keeps you up to date on news and analysis about the Canadian legal scene, providing targeted news and information of interest to Canadian Lawyers.
Please enter your email address below to subscribe.
