By now you’ve probably dabbled in Generative AI tools, such as the large language model (LLM) ChatGPT, to try to find efficiencies at work. Or maybe you’ve asked it for a travel itinerary, relationship advice or to spruce up your CV. Whatever you use it for, this powerful AI forms the engines behind products like Microsoft Copilot, Google Gemeni and BlueRock’s own private AI, AskDwayne.
But just because you can do something with AI, doesn’t mean you should . When it comes to legal document preparation, there are limitations to what ChatGPT and other LLMs can do.
The Problems With Using ChatGPT for Legal Documents
Here are some reasons why ChatGPT and other LLMs cannot prepare legal documents that are valid and effective in Australia.
Lack of Legal Expertise
Legal documents must comply with specific legal requirements and formalities in order to be legally binding and enforceable.
ChatGPT and other LLMs are trained on a vast amount of text data. While it can provide helpful information and generate human-like responses, it doesn’t have the specialised legal knowledge and training required to prepare legally effective documents.
Lack of Human Judgement, Context and Nuance
Legal drafting often involves providing legal advice and guidance to clients. Human judgement is a key component of this advice. Relying solely on an LLM without human oversight could lead to misinterpretation of laws, lack of contextual understanding, miscalculation of risks and not adhering to ethical and professional responsibilities.
Risk of Errors and Omissions
Legal documents often involve complex legal concepts and terminology that require expert understanding and careful drafting. They must be drafted with precision and attention to detail to ensure that they’re legally binding and effective. ChatGPT and other LLMs, while powerful, are not infallible and may make errors or omissions that could have serious legal consequences. Any time-saving benefits are likely to be outweighed by the huge risks of outsourcing legal drafting to ChatGPT.
Lack of Knowledge of Specific Legal Requirements
Legal requirements for different types of documents can vary significantly depending on the jurisdiction and specific circumstances of the transaction or arrangement. While able to provide general information, LLMs may not have knowledge of the specific legal requirements for a particular type of document in Australia. The information that ChatGPT and other LLMs consume is not distinguished by country or legal jurisdiction, which makes it difficult to ensure that the ‘legal’ drafting is appropriate under Australian law.
For example, the requirements for a valid will in Australia may differ from the requirements in the United States. Even in Australia, there are different jurisdictions ( property laws vary from state to state, for example). LLMs cannot evaluate the quality of the sources of its information. While the output may look good on face value, only a legal practitioner can determine whether the document meets legal requirements in the relevant jurisdiction.
Right now, the free version of ChatGPT (GPT-3.5) has only been trained on information up to 2021, so LLMs risk providing drafts based on outdated laws and legal requirements.
Non-lawyer Advisors Preparing Legal Documents for Clients
One of the potential risks of selling or relying on legal services not provided by a lawyer is that the person or entity offering such services may be contravening Australian laws by practising without a certificate. Broadly, only those who are admitted as lawyers and hold a current practising certificate can engage in legal practice, which includes preparing and advising on legal documents.
Another potential risk is that the legal documents prepared or advised upon by non-lawyers may not be valid, enforceable, or effective under Australian law. This could expose the parties to the document to various risks and liabilities, such as disputes , litigation, damages, penalties, or loss of rights or benefits. Yikes.
Speak to Trusted Lawyers About Using AI Securely
OK so we’ve established why ChatGPT and other LLMs shouldn’t be relied upon to draft valid and effective legal documents. Get in touch with us if you want to learn more about working with a tech-enabled Law firm, or if you have any questions about using AI.
