Presentation
On June 9, 2023, a conference dedicated to artificial intelligence tools and their use by legal professionals was organized by Avotech and Seraphin Legal, bringing together numerous stakeholders and investors in the sector.
Creation of AI-Generated Content in Legal Matters
The current operation of artificial intelligence software relies on a compiled synthesis of databases. Based on a simple statistical presentation of the analyzed databases, artificial intelligence software applied to legal matters cannot provide a comprehensive presentation of the legal reasoning leading to the proposed solution.
There is currently a debate regarding the classification of the report provided by AI: is it a consultation of artificial intelligence tools or simply a synthesis of legal documentation similar to documents offered by traditional legal publishers?
The Perben report proposed a new definition of legal consultation on this point, taking into account the future developments in artificial intelligence. These questions relate to the contract templates made available to professionals, particularly for drafting legal documents.
Generative Artificial Intelligence & Legal Ethics
From an ethical standpoint, the use of tools incorporating artificial intelligence solutions requires lawyers to exercise particular care and rigor.
Professional Rules. The provisions of the National Internal Regulations impose a number of obligations on lawyers in providing legal advice. Article 1.3, concerning compliance with and interpretation of the rules, requires lawyers to demonstrate « competence, diligence, and prudence » towards their clients.
Similarly, Article 1.5 of the National Internal Regulations, specifying the duty of prudence, reminds us that « in all circumstances, lawyers must exercise prudence and refrain from advising their clients on a solution if they are unable to fully assess the situation described […] ».
In summary, lawyers have a duty to monitor the use of artificial intelligence tools, encompassing both the control of the sources used by AI and the control of its reasoning in arriving at its proposed solutions. This obligation reinforces the principle of honest and fair information, as stipulated by legal, regulatory, and ethical provisions.
Listen to the full interview as a podcast.
