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Article

Abstract

Artificial Intelligence (AI) is changing our society and bringing the legal profession with it. The use of Generative AI (GenAI) in legal proceedings has received negative publicity from high profile mishaps in court filings. In one case, attorneys used the publicly available online GenAI tool, ChatGPT, to write a legal brief in which ChatGPT proceeded to make up its own citations. Following this, among other instances of the misuse of GenAI, courts have begun to require disclosures and limit the use of GenAI technology. These prohibitions, however, are the result of a fundamental misunderstanding of the appropriate use of GenAI technology. ChatGPT’s algorithm is not designed for use in legal research and writing. Westlaw Precision and Lexis+ AI, however, are examples of AI tools that are designed for legal research, including citations to actual cases. These tools provide a means of quickening legal research and writing that will lead to reduced costs. While the use of GenAI by self-represented (pro se) litigants may constitute unauthorized practice of law in some jurisdictions, currently available tools, like ChatGPT and Google Bard, are not intended for legal use. Limited scope representation and ghostwriting, however, will allow attorneys to provide legal services at a reduced cost to middle and lower income individuals using GenAI tools. Limited scope representation and ghostwriting allow attorneys to file court documents without making formal notices of appearance. In other words, an attorney provides their services for discrete tasks as opposed to formally representing a client in an entire legal matter. Limited scope representation has been ethically sanctioned by the ABA and many state jurisdictions as a means for access to justice. This Article will discuss how (1) the ethics opinions allowing limited scope representation and legal outsourcing provide the basis for enhanced use of AI technology, (2) publicly available online GenAI chatbots like ChatGPT and Google Bard, not programmed for legal research and writing, are causing problems in the courts, and (3) tailored GenAI for legal drafting, research, and writing will lead to more corporatization and access to justice for not only lower and moderate-income litigants but overall affordable legal services.

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