Legal Has Front-Row Seat To Big Tech's Generative Text Wars

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As big technology companies race to develop platforms that generate sophisticated texts, the legal industry is watching to see which tool could eventually have the biggest effect on the profession.

Those platforms are examples of what's known as generative artificial intelligence, software that analyzes giant amounts of data to provide quickly generated reports and can create text that can pass for human-written.

Some attorneys have been using generative AI to automate tasks such as creating documents and analyzing legal data.

ChatGPT, created by OpenAI LLC, became the best-known generative AI tool after its November release.

Some legal professionals are starting to use ChatGPT in their practices, with uses that include coming up with talking points for trials.

Jared D. Correia, a former practicing attorney and CEO of Red Cave Law Firm Consulting, told Law360 Pulse that some lawyers are using ChatGPT to search case law, create legal briefs and build a pricing schedule.

Haydn Jones, director of business development for the legal technology company Benchly Inc., told Law360 Pulse that ChatGPT is the most likely generative AI tool to become established in the legal field.

"It has the most potential to evolve into a tool that can be relied on, to a certain extent, to check the validity of content written by attorneys, but should not be solely used for writing briefs or crafting arguments, for example," Jones said.

The Competition

Capitalizing on the popularity of ChatGPT, Microsoft Corp. made a multibillion-dollar investment in OpenAI in January. Shortly afterward, Microsoft released an updated version of its Bing search engine called Bing AI, which uses OpenAI's GPT-4 model.

Not to be outdone, Google LLC released an experimental conversational AI service called Bard in February. At around the same time, Google hedged its bet by investing $300 million in a ChatGPT rival, Anthropic.

With the release of so many ChatGPT-like bots in a short period, experts say these tools will soon be ready to use in the legal field.

The front-runner in the legal industry's generative AI race is likely to be Bing AI because of Microsoft's enormous presence among legal professionals. About half of all law firms use Microsoft Office 365 and 98% use Microsoft Word, according to the American Bar Association.

And as Microsoft is pulling ahead of the collaboration tools race in law firms with its Teams application, it makes sense to expect the company to do the same thing for generative AI.

Jones — whose company, Benchly, has a Microsoft Word add-in called ezBriefs — said he sees Microsoft as the front-runner in legal's generative AI race.

"Word is not going anywhere, and Microsoft has a firm grasp on the legal sector," Jones said. "I think that whatever AI tool they offer would be more attractive than perhaps an 'outside' AI model."

But it might be a little early for legal professionals to start fully using generative AI tools at this point, some experts said.

ChatGPT is not recommended for full legal use yet, mainly because the data it is based on only goes up to 2021. Correia also said that some lawyers are seeing ChatGPT make up cases that don't exist.

Other tools such as Bing AI and Bard have also had recent demo fails and bugs.

"ChatGPT, Bard and the like should not be relied on for something as precise as the legal profession," Jones said.

For now, the legal profession watches the race. But when the tools advance in the future, legal is expected to join in.

--Additional reporting by Renee Hickman. Editing by Brian Baresch and Daniel King.


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