ChatGPT and the Bar – friend, foe or fad?

“If we don’t embrace AI now, it will embrace us in the very near future.” – Kim J Baaden

The rapid ascent of the OpenAI chatbot, ChatGPT, has taken many by surprise. In the first three months following its launch in November 2022, the platform garnered an impressive 100 million users. To put this into perspective, TikTok took approximately nine months to reach the same user count, and Instagram over two years.

With artificial intelligence (AI) making waves across various sectors, the legal profession is no exception. In the face of mounting workloads and the demand for streamlined solutions, lawyers are turning to AI language models such as ChatGPT, to reshape their operational landscape. The time to discuss potential adoption is now, especially while tools like ChatGPT are still in their infancy and remain malleable. The burden falls on open-minded individuals who grasp AI's potential to advocate for positive change.

This article will explore:

• how ChatGPT can be used professionally at a barristers’ chambers;
• the potential benefits and challenges of implementing ChatGPT in barristers’ chambers;
• the practical steps barristers’ chambers could take to safeguard themselves; and
• the impact ChatGPT will have on the way barristers’ chambers operate.

Overburdened UK court system

While the principle of equal access to justice remains a fundamental ideal, reality often falls short. Access to justice is about enabling individuals to navigate the legal system to safeguard their rights and responsibilities. A notable example is the impact of the 2012 Legal Aid, Sentencing and Punishment of Offenders Act (LASPO) in the UK, which curtailed funding for the justice system. Consequently, there has been a backlog of around 60,000 cases in the Crown Court. Furthermore, fewer people can afford legal representation. To deal with this backlog, the UK requires an innovative solution - the introduction of legal technology.

Pioneers like Richard Susskind say that the legal sector has been relatively resistant to modern technology compared to industries like the financial and medical fields. AI, automation, and big data hold the potential to revolutionise legal services, but progress requires a shift away from entrenched practices. Barristers’ chambers that refrain from adopting AI may find themselves lagging behind in the evolving terrain of legal practice. As we consider the challenges faced by our overburdened court system including delays, limited resources, and inefficiencies, the need for change becomes even clearer. AI could assist barristers’ chambers with its knack for quickly sorting through heaps of data and handling complex tasks. It can simplify case management and automate document checks which could go a long way in making the legal process run more smoothly. However, to embark on discussions about implementation, solicitors, barristers, and legal professionals must first acknowledge the irrevocable presence of AI.

Unlocking efficiency for barristers

AI-driven tools offer the promise of automating routine tasks such as document review, contract analysis, and legal research. Barristers’ chambers that fail to utilise these tools may struggle to match the speed and precision demonstrated by their AI-equipped competitors. In addition to ChatGPT, another valuable tool in the legal world is TrialView; a piece of software that helps barristers in their work. TrialView allows users to create bundles for hearings and conduct litigation within the platform. Ross Beaton, a barrister at 7BR, points out, “Lawyers do a massive amount of disclosure in most areas of law which is hugely expensive. AI could help automate this and reduce the cost for clients, which would make cases more economically viable.” Angela Udeh, an associate at RPC, highlights ChatGPT's role in contract review and analysis, relieving lawyers from time-consuming disclosure tasks. She says AI technology will “help lawyers direct their attention to matters of commercial viability and negotiation points.” Mikhail Charles, a barrister at 3 Bolt Chambers said he could use ChatGPT to “quickly identify and provide summaries of relevant case law or provisions.” This is particularly invaluable given the myriad of jurisdictions that some lawyers operate within, including the Eastern Caribbean.

One of the potential benefits of using AI tools at the Bar is its ability to create more equity in our justice system by filtering through relevant judgments. Kishen Sedani, a Grays Inn Scholar and aspiring barrister says, “Currently, there are many news stories of judgments passed down in the North of England being inconsistent with ones passed in the South. ChatGPT will allow the Bar and Bench to create a more standardised approach to justice across the land.”

Using AI for billing and invoices

With AI, invoicing could be seamless and transparent. Automated invoicing systems ensure timely and accurate billing which could free up the time of barristers’ chambers credit controllers by allowing them to focus on more complex tasks. This transparency enhances client trust and satisfaction, which are crucial factors in maintaining strong client relationships. AI's predictive capabilities could potentially forecast barristers’ chambers financial trajectories, by analysing historical fee trends and case outcomes; it could assist in strategic financial planning. This would enable the Bar to make informed decisions about resource allocation and growth strategies.

A new era of cost-effectiveness

The integration of AI could bring transformative change in the legal sector. Through the deployment of generative AI models like ChatGPT, barristers’ chambers stand to gain substantial reductions in operational costs. This could result in an optimisation of complex workflows and a reduction in manual labour, liberating human resources for more strategic endeavours.

AI-powered solutions deftly tackle time-consuming tasks such as document review, legal research, contract analysis, and due diligence. Traditionally, these tasks demanded human intervention, consuming precious time and resources. By harnessing AI's capabilities, legal professionals can expedite these processes with heightened accuracy and efficiency, leading to accelerated work rates and diminished costs tied to labour-intensive undertakings. Jaizzail Ofori, a paralegal at the Serious Fraud Office, says “ChatGPT could help barristers work more efficiently and quicker when drafting legal documents, written legal advice or submissions.” Ofori, who’s an aspiring commercial barrister, uses ChatGPT to draft templates for cover letters when applying for legal positions and work experience. He says ChatGPT provides him with a “good starting point to then make any necessary changes and improvements.”

AI's ability to swiftly process voluminous data empowers lawyers to make well-informed decisions. Predictive analytics and data mining enable barristers to assess potential case outcomes, thereby enabling strategic resource allocation. This predictive capacity helps reduce unnecessary litigation and legal proceedings, resulting in further cost savings.

Empowering marketing and clerking teams

The automation of repetitive tasks by ChatGPT could prove beneficial for marketing and clerking teams. In legal marketing, generating content ideas and creating engaging and creative social media posts become streamlined processes and elevate productivity. Federica Casiraghi, a marketing executive at a commercial set, thinks ChatGPT can be used to automate repetitive tasks that marketing teams typically spend a lot of time on, such as answering queries, generating content ideas, creating social media posts and analysing data. She says ChatGPT can analyse huge amounts of data that can “provide insights that may be utilised to enhance marketing initiatives. ChatGPT, for instance, can be used to spot patterns in consumer behaviour, monitor the success of marketing initiatives, and spot areas in need of improvement.”

Clerks in a barristers’ chambers can use ChatGPT to streamline and enhance various aspects of their job responsibilities, including case allocation, fee negotiations, timetable management and client communications. An assistant practice manager at a construction set with over five years of clerking experience recognises that ChatGPT could help generate email templates to solicitors, barristers, clients and the court. However, they think in the traditional world of clerking, where bespoke situations demand nuanced conversations, AI falls short in “fostering genuine connections with clients and solicitors due to its lack of personalised style.” This is because ChatGPT struggles to compose emails for complex topics and break down case stages effectively. They add, “So, while it might find a place at chambers in the future, for now, it doesn't outweigh the irreplaceable experience of clerking and learning from your peers."

Data security and confidentiality

Embracing AI language models involves addressing concerns surrounding sensitive data protection and client confidentiality. Ensuring the utmost confidentiality and privacy of client data has always been at the forefront of barristers’ chambers and this standard must be maintained if the Bar considers the implementation of AI. ChatGPT poses a risk to data security and confidentiality because the model requires text prompts to be entered into the system that is then stored and used for training purposes.

For example, there was an incident in the US that saw two lawyers fined $5,000 for submitting fake legal research in federal court generated by ChatGPT – this illustrates why generated information isn’t always factual or accurate and the negative repercussions it could have on a lawyer’s credibility and reputation. It also highlights one of the drawbacks of ChatGPT, which is its tendency to hallucinate information that it has not been explicitly trained on, leading to unreliable or misleading responses. ChatGPT has the tendency to produce misleading information which leads to a lack of trust in the technology and the hallucinated outputs can potentially perpetuate harmful stereotypes or misinformation, making AI systems ethically flawed. This poses a serious risk to the Bar because this inaccuracy may expose barristers’ chambers to potential legal liabilities.

Open generative AI tools pose the risk of producing biased and non-ethical advice, so it’s important for barristers’ chambers that use AI tools to remain vigilant to maintain ethical and secure usage. The rapid development of AI creates a need for barristers’ chambers to invest in an IT department if they haven’t already done so. Barristers’ chambers have reason to be concerned about potential data leaks and safeguarding of personal data. OpenAI has introduced a form for Personal Data Removal Requests, but this is only available in some countries.

Steps for safeguarding

Despite the potential risks that ChatGPT poses, numerous lawyers and legal professionals continue to use ChatGPT in their personal and professional lives, so here are some steps that individuals and barristers’ chambers should bear in mind next time they’re speaking to their favourite chatbot.

• When engaging with ChatGPT, anonymise all data and avoid direct input of sensitive information or personally identifiable data. Queries should be crafted generically to prevent inadvertent exposure of client identities or case details.
• If you’re a barristers’ chambers considering implementing ChatGPT, in order to mitigate potential breaches, a practical and safe step would be to license a private version of ChatGPT that can run locally on secure systems, without the need to transmit data externally. This could help develop a robust data security infrastructure.
• In the same vein, chambers should also consider security audits where they evaluate the tool to assess its efficacy while ensuring compliance with GDPR and relevant data protection standards.
• Barristers’ chambers should provide consistent training on the best practices of using ChatGPT to their barristers and staff, to ensure responsible and informed usage of the tool.
• Before incorporating AI into any aspect of legal work, engage in open discussions with internal committees and clients about the technology's utilisation, and the safeguarding measures in place, and obtain informed consent where necessary.

• Not all Chambers have an IT department or dedicated IT support as sometimes this function falls within the remit of admin or marketing. However, chambers without an in-person IT specialist should consider working closely with IT professionals who are well-versed in AI to ensure adherence to ethical and secure use. Their expertise would guide the implementation of best practices and safeguarding measures.

Matteo Mbatch, who has worked in IT support at the Bar for over five years, pictures ChatGPT being used as a tool to improve efficiency in certain tasks and suggests that "like with the advent of Teams and Zoom, timesaving is the most immediate gain to be found." Mbatch warns that some junior roles like legal researchers could become redundant as language models develop and become more capable. He says,” In terms of adapting to change, it is inevitable that AI-assisted working will become the future, barristers’ chambers would do best to adapt by teaching people how to use these tools effectively and ensuring that they maintain the quality of their work before they learn any bad habits.”

Concluding thoughts

Embracing AI in the legal sector is a journey that requires both innovation and caution. By adhering to these precautionary measures, lawyers can harness AI's potential while protecting the integrity of client information and preserving the ethical standards central to the legal profession. The incorporation of AI language models like ChatGPT into barrister’s chambers is a transformative phase in legal practice. By leveraging AI for tasks such as research, drafting, and client communication, legal professionals can dedicate more attention to strategic elements of their work. Through the safe and careful implementation of AI, chambers could foster deeper client relationships and propel positive change at the Bar. As AI continues to reshape the legal landscape, adaptation and intelligent utilisation of technology will become essential to thrive in the fast-changing world of the law. Stephen Hawking put it brilliantly when he said: “ Intelligence is the ability to adapt to change ."

This article was originally published in The Barrister Magazine, Issue 98 (Michaelmas Term) in October 2023.