Week 7: Legal Communication and the Digital Age Flashcards
(16 cards)
Clear legal writing skills - unlearning complex language habits
→ Read generally on the topic
→ Note the pointers these readings provide to other important materials, and location and read what you deem necessary
→ Undertake further research to identify other persuasive sources
→ Be mindful that the research process should not become a huge task
→ Utilise the ideas of others to support your argument - do not merely summarise those ideas
One sentence = One proposition
Thesis
→ In your introduction, besides providing context for the point of view being expressed, you then need to state what your argument is i.e. you agree or disagree, and briefly, explain why
→ It is not sufficient to state you are talking about A, B, C and D - and at no stage in the introduction make clear what your own argument is, or leave it until the very end of the essay.
→ Having clearly stated your view at the outset, the body of the essay should then address points in support of your argument - you are trying to convince the reader why you have taken the viewpoint you have - and importantly, address those points against your argument
Introduction
→ Provides context to your discussion, primarily by articulating the question that the essay is designed to answer
→ Presents your thesis - how you have interpreted the questions and the arguments you will be making
→ Clearly sets out parameters of the discussion
Offers a brief outline of the structure of your essay - ‘signposting’ or guiding the reader through your various arguments. In addition, it is possible in an introduction to indicate what ‘answer’ or conclusion the essay will put forward
Body Paragraphs:
→ Need to demonstrate you have sound understanding of the topic under discussion, and that your arguments are clearly and persuasively presented
→ Ensure you do not neglect to consider (and counter) alternative arguments
→ Address issues in a coherent and logical manner
→ Address each issue (sub-issue) in a separate paragraph
→ Each paragraph should make one point
→ The first sentence of each paragraph should be a ‘topic’ or ‘thesis’ sentence
→ Using a thesis sentence advances your analysis rather than simply introducing the next point
→ Paragraphs should be moderately short in order to keep you focussed on the thesis of the paragraph
Each paragraph should fit smoothly and logically between its neighbours
Expert Systems
an early form of AI designed to solve problems by reasoning through bodies of knowledge, represented mainly as if-then rules
Machine Learning
algorithms that enable computers to learn from data and improve performance over time without explicit programming
- Generative AI: technology incorporating algorithms creating new context such as text, images and audio.
- Natural Language Processing: generating human language used in applications like chatbots
- Computer Vision: interpret and process visual information
Robotics: the design and use of robots to perform tasks, often integrating other AI technologies
Application of AI in the Legal Profession:
→ Legal research tools
→ Predictive analytics
→ Legal chatbots/virtual assistants
→ Compliance monitoring
→ Legal document and drafting/review
- E-discovery tool
Implications
→ Bias
→ Job Security
→ Data Privacy and Security
→ Transparency
Regulatory Frameworks
Mata v Avianca Inc. 2023 US Dist
“lawyers abandoned their responsibilities when they submitted non-existent judicial opinions with fake quotes and citations created by the artificial intelligence tool ChatGPT”
Lakaev v McConkey [2024]
“there is a risk that the submissions that are produced will be affected by a phenomenon known as ‘hallucination’”
DDP v Khan [2024]
involved someone using ChatGPT to create a character reference
Ethical use of AI tools in legal writing and research
→ Risk of errors and bias: Generative AI can produce errors or biased content due to the data it was trained on. Lawyers must critically assess AI-generated outputs to ensure accuracy and fairness.
→ Human Oversight: Lawyers are required to maintain oversight over AI outputs to ensure compliance with legal standards and ethical obligations. They need to validate AI’s findings and integrate them with human judgement
→ Transparency and Accountability: The AI’s decision-making process should be transparent. Lawyers should understand and explain how the AI arrived at its conclusions to maintain accountability and trust in the legal profession
Training and Expertise: Lawyers should be trained on AI technologies to effectively supervise and utilise AI tools. Continuous education on AI advancements and potential legal implications is essential
Using AI effectively - prompting for clarity not content
Verification and oversight - maintaining ownership of your work
→ LLMS do not have an understanding of reasoning capabilities; they are essentially very sophisticated pattern matching systems. They only mimic human intelligence (even ones that have access to the internet or have ‘deep reasoning’)
→ LLMS are NOT research engines and should NOT be used as search engines, particularly when researching law where precision and accuracy are paramount
→ LLMS always sound confident, but they can make mistakes or “hallucinate” or “confabulate” information (even those with access to the internet
Human oversight is crucial when using LLMS where accuracy is paramount. Users should always verify important infomration
NSW Supreme Court Practice Note 23
→ Commenced February 3, 2025
→ Applies to all generative AI tools in court proceedings
→ Prohibited uses - generating affidavits, witness statements, evidence
→ Restricted uses - Expert reports (require court permission)
Permitted uses with verification - written submissions, document summaries
ASCR Rules
→ Rule 3 - paramount duty to the court and administration of justice
→ Rule 9 - confidentiality
→ Rule 4 - competence, integrity and hoensty
→ Rule 17 - independence (avoidance of personal bias)
→ Rule 19 - duty to the court
Rule 37 - supervision of legal services
