Exploring Generative AI and Law | The Practice of Law and Large Language Model (LLM) AI Advances

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HARRY SURDEN: So thank you, guys. I'm the person who was over there a moment ago. I'll be moderating this. Unfortunately, or fortunately, you'll be seeing a lot of me because I am moderating the first and third panels. But we are absolutely delighted to have a terrific expert panel here talking about the use of large language models in law. Our panelists are extremely accomplished. In the interest of time, I will only give a very short biography of our panelists, but I encourage you to look up their very extensive accomplishments online. Let me start with Pablo Arredondo. He's Co-founder and Chief Innovation Officer at Casetext, which is one of the first companies using a product called Co-Counsel, which actually is a version of what I was suggesting as a good idea in terms of putting a layer between the user and the direct GPT model, so he-- And Pablo can talk about it. His model is for lawyers. And on the back end, it works with GPT-4, but make sure that the lawyers have their data safe and secure, so they're not just uploading private information to OpenAI. Next, we have Megan Ma, who works with me as Assistant Director of the Stanford Center for Legal Informatics, or the CodeX Center at Stanford University. Megan has a PhD in law and linguistics and is one of the leading experts in AI and law. Next to Megan is Daniel Schwartz, who is a law professor at the University of Minnesota and has done really interesting work on GPT and its use in law. And also, he did wrote a really interesting paper with several co-authors where they tried to trick law professors into seeing if they could determine whether a exam-written answer or written by GPT was as good as the student's. And he could tell you-- not really trick but see if they could figure out and it could perform at the same level. I won't give the spoiler on that. And last but not least is Jason Adaska, who has been working for years in AI and law and is the Director of Innovation at Holland & Hart LLP. So thank you to this amazing panel for joining us. I'm going to start out with the first question to Pablo. So Pablo, what are some of the abilities that this technology, and we're talking about in particular GPT-4 and large language technologies, can do compared to just early last year and before? PABLO ARREDONDO: All right, yeah. Thanks. First of all, thank you guys so much for having us. This is a real privilege to get to talk to you about this stuff. So we were shown GPT-4 very early in September of last year. And my co-founder, Jake, and I, basically, within 48 hours, had pivoted the entire company to do nothing but focus on this. We had been working with large language models since their inception five years earlier. And we had been shown GPT-3, which we thought was neat and had some cool tricks but wasn't ready for prime time. What we saw in GPT-4 was basically a literacy that was of a qualitatively different nature than anything we had seen. And while you're going to hear this called the generative AI revolution, I submit to you that for the legal profession it's really not that they can generate text that matters, it's that it can read it and interpret it and annotate it, and structure it and restructure it. So for example, we have a Fortune 50 client that was a beta client and said, we have these little nemeses, these little expert witnesses that just wake up every day and testify about how our products aren't safe. That's how they make their living. Could I take every expert report that this guy has ever done and every deposition transcript they've ever done and give me questions for cross-examination, finding inconsistencies between what they said? And I said, look, we'll try this, but I just don't think that's-- come on. That's a bit much. It's not going to work. Well, I was wrong. I said it was not going to work twice. It worked again for somebody else. So that ability to go through and substantively identify inconsistencies in a way that an attorney would find those useful things, that is not grunge work. That is not just putting on certain forms, filling out forms in a certain way. To my mind, that's the thing that we see GPT-4 doing, whereas even GPT-3.5 really just wasn't up for it at the same level. And did you mention the bar exam? Have we done that? HARRY SURDEN: No, go ahead. PABLO ARREDONDO: All right. So we were working with OpenAI. And I was like-- our colleagues, Dan Katz and Michael Bommarito, had used the earlier model and put out a paper called "GPT Takes the Bar." They should have called it "GPT Fails the Bar" because a lot of confusion happened from that. But the earlier model failed miserably. It got in like the 10th percentile. Well, with GPT-4, we got in the 90th percentile. We redid the study. And then, for good measure, we actually included essays and the Multistate Performance Test to write the full bar exam. So I think I'll end with this. ChatGPT is great for raising awareness. But to my mind, it's a little bit like, imagine a society that had never seen cars. And then here comes the first car, but everyone's just doing donuts on the lawn and then doing 90 and reverse on the freeway. I'm glad you know about cars, but using them well and responsibly is a very different experience than using them incorrectly, where you're typing in things and getting hallucinated at and all these things. HARRY SURDEN: Well, that's a really good point. One point I really liked about what you mentioned was its ability to read and synthesize as, something I didn't emphasize, which is just generating documents. And I really agree with you. That is a huge game-changer in law. Let me throw out the same question to the other panelists. What do you see are some of the new abilities of this technology? And just put up a finger if you're interested in replying. Yes, Jason? JASON ADASKA: Yeah, so continuing along the same theme, we've seen older models be very good at summarization, those texts where you take some input, a lot of different text, and needed to provide the highlights associated with it. But the inference, the reasoning capabilities, I think is unexpected not only to users but to my understanding to a lot of the researchers for this as well. That's the kind of delta where it's not just raw tasks or not just sort of document generation, but actually doing more complicated inference and legal reasoning. It's surprising because it is not the thing that you would expect a language model, something that just has patterns and language to be able to do. It's emergent just from seeing lots of examples. So I think there are questions that we have, which are, essentially, what are the boundaries? How complicated of a scenario can it get? And I think people who are doing experiments right now are trying to understand where that frontier is and how much it'll change in the future. DANIEL SCHWARTZ: The other thing I think is pretty important to understand is, so far, we've been talking in a sense about you ask the question, you get the answer. And then that's sort of the answer. And some of them are good, some of them not. What's really pretty amazing about it, in my mind, is that you can have this dialogue with it, where you get it to further refine its answers to match what you want. So a lot of times, its first answer may not focus on what you want, or may answer a different question, or you may actually realize your own question was not great. And this happens a lot in law practice. For folks who are an experienced managers, you'll tell an associate, hey, go write a memo about this issue or this. And they'll write it, and you'll realize either they didn't quite understand what you wanted, or maybe you didn't-- you weren't as clear as you probably should have been about exactly the scope of what you wanted. But because of how quickly it works, and because it retains a memory effectively, about that dialogue, you can sort of in real-time get it to adjust to the point where you want it. And I think that's something that folks who have not actually really tried in a sustained way to use this have realized. A lot of times, you'll see, Oh, it produced the first version of this, and it's not exactly what I wanted. It's not this is not good, or it hallucinated it. But if you sort of stick with it and use it in a sustained way, you can get much, much better very quickly at, say, having it draft a contract where you can say, OK, we'll draft that first version of contract. Gee, now find ambiguities in what you wrote. Great. Now, please expand on that one provision and have it create some incentive structure. So it really actually can, essentially, replicate what can sometimes be, in my experience, months-long process, where you get a work product back, you say go back and fix it, go back and figure out this answer. And you can't anticipate always where the issues are going to be. You can do that in real time in a matter of minutes. And so I think that's a really important element of the technology that folks need to work on because it's part of-- it is also part of-- it uses legal skills to be able to realize where the deficiency is, where do I want you to expand, where did you not take this and write in quite the right direction I had hoped. HARRY SURDEN: That is a really good point. I think, at least right now, the technology you-- it takes some getting used to figure out how to best use it. So at the beginning, I was not very good at it, and then you learn the things that it can do, and what it can't do, and how to work with it. And I think you're absolutely right to encourage people to not just look at the first output but to experiment with nudging it down the line, which is also one of the huge advances, as I said earlier, that we talk about natural language, quote, "understanding," because, again, it's not a little human in there. But previous technology could not reliably understand what you were asking or correcting it. We've all used these chatbots online. And you ask it, give me a customer service representative. And it says, do you want to order a pizza? So now GPT-4 very reliably understands exactly what you want it to. Meghan? MEGAN MA: I also want to maybe put out an alternative perspective that these advances don't also come from nowhere, as you pointed out. I think if you look into areas of cognitive science and linguistics, there are these traces of an ancestry where this isn't unforeseen entirely. There's an area called cognitive pragmatics. And within a subfield of linguistics, you see pragmatics is almost this contextual understanding. And you see this area that emerged about what you perceive as a conversation game between two humans. And part of this nudging or being able to tease out information-- there are existing sort of techniques that are done in linguistics to better understand and interpret one another. And we see that actually, with training on human feedback, that might have been one of the accelerators that, as you rightfully pointed out. So while these are kind of exciting advances, I think what's also exciting about GPT, generative AI, and large language models broadly is that a lot of these fields that were in disparate silos are now coming into a deep intersection. And I think that's particularly what's making this especially interesting. HARRY SURDEN: Could you say a little bit more about the connection between instruction fine-tuning and other disciplines? Because I didn't know that. I think that's really interesting. MEGAN MA: Yeah. So this is a paper that predated just slightly the emergence of GPT. And there was a cognitive science and a programmer, his name is Evan Pugh, who looked into kind of the way in which human and machines communicate. And he basically asked a general question, why is it so unintuitive for us to speak to machines? And over time, they discover that it is because in the way that we communicate and task things between humans. We actually set out goals. And then, it's a search strategy to identify the solution to that goal. And so, they started to mirror or find ways in which they called natural programs. And I think that these techniques actually had helped. And it came in the form of, say, instruction fine-tuning. But essentially, what he did or-- and his team did was they tried to train a dataset and build a data set that is entirely built on natural language instruction between one another on abstract and reasoning tasks. And I feel like that really played a role in the way that ChatGPT and other large language models are now coming to be. HARRY SURDEN: That's fascinating. And it's also a plug for interdisciplinarity and working together with-- outside of academic silos. Any other comments on the first question? All right, the next question for Jason, so as we said, this technology is good, but it's not perfect. And we want to make sure we are very clear about the limitations. And so, as Jason, what do you see as some of the limits? And what do you see as short-term limits that will go away in the coming years and longer-term limits for which we don't really know what to do? JASON ADASKA: Yeah, no, it's a great question. So I think there are several limitations that people are thinking about, some which I think are short term and some which are going to be the longer term. The one that I think is on the top of everybody's mind, and it's one that you had mentioned at the beginning, was inaccurate or outdated information. The way most people are interacting with these tools now is essentially just asking it a question out of the blue, not providing any context. And it, with the newer models, is a lot better at being able to not hallucinate, but it's still it still can happen. And that's fundamental to how these models work. They're probabilistic pattern matching. There are a number of techniques that can be used right now to reduce that. One of those areas you had mentioned, which is not ask the system just to draw from its general knowledge, all of those 175 billion weights, what is the right case law, but actually provides some context and some sets of documents for it to reason about as part of the prompt. That's one technique right now that's extremely effective for being able to reduce hallucinations. There's also things that are happening in the ecosystem that are extending what these tools do natively by being able to pull in external sources of information. So OpenAI has released a beta version of what they call plugins. So you can ask it a question and have it not just use what you asked what was on trained weights, but actually provide connections to real-time data streams. It will go out, and it'll query and add to the prompt to get a lot better answers. So I think the verification, the up-to-date information, that's a problem right now, but I think just really in the next few months, is probably going to be less of a concern that people have. The other limitation, and this one, this one's a little bit amusing to me as somebody who's been working in technology in AI for a while, is these large language models are, in a lot of ways, the dual of what computers traditionally have been very good at. We think about calculators and computers as being things that crunch numbers, can do complicated decision tree logic if then. And large language models are based on these probabilistic reasoning. So for instance, you may ask it to do some reasoning about tax law, but you probably want to double-check the arithmetic that it's actually using to do calculations. Again, those are the things that I think in maybe the next year or so are going to be resolved not by any fundamental change to how large language models work but by incorporating other modules and plugins. So instead of just having the large language model, having to answer arithmetic questions itself, being able to use other pieces to be able to solve those. Folks have probably seen it play chess. It does chess relatively well, but it's not going to play chess as well as the Stockfish or some of these other custom systems that are out there. The third thing, and this is actually-- At first blush, I think it may seem a bit pedestrian. But I think it's actually a relatively important limit for a lot of legal applications. And that is something that's going to sound silly, which is a buffer size associated with these. So GPT-4 can have as input and output something like 100 pages worth of documents and pages worth of words. There are a number of use cases that are specifically relevant for legal, where having the system be able to kind reason about a large swath of input and be able to make connections between some of those are going to be important, and at least right now, is somewhat limited. There's engineering workarounds. But in general, it's going to live. I'll give you an example that our group has worked with. So if you are doing-- responding to something like an obviousness rejection for a patent application, the examiner responds back to you and says, I'm not going to give you a patent. I'm going to reject some certain claims because I've seen that there's a patent A and a patent B that's out there. And a clever person could combine patent A and patent B to describe what you're claiming is a new invention. An attorney who is responding to that now has to do reasoning, where you're looking across-- it's a triangulated information about a whole patent-- one patent, another patent, your own application and drawing inferences across. That's the kind of legal reasoning that requires a big, big working buffer of space. And right now, there are some limitations. There's some hard limitations for how many tokens or words you can put into this. There's also some question of how well it's going to work to scale. I think the way we're used to thinking about computers and technology is having hard limits measured in things like how fast the CPU goes, how much working memory do you have. I think this buffer size is something that it's going to be the next scaling parameter that the engineers are working are going to have to actually work hard to be able to expand. The four thing-- and this is not so much of a technical item, but I'll mention it because it's, I think, relevant for a lot of people who are putting the technology to use, as Harry pointed out law is one of those things where invention of facts is frowned upon. So I think that there has been two threads of conversation about using this technology in law, one which is, Oh, my gosh, this is amazing. It can do legal reasoning. It can actually do substantive work. What is this going to do in terms of supercharging the practice of law? And the other thread, which is, Oh, my gosh, it might make stuff up. And we need to stay away from this. This radioactive. I think the conversation about how to use the technology in a trustful way is right now-- it's not a technology problem as much as just a cultural problem for people to understanding how to use it, what are the right safeguards. I actually think that is going to take probably a couple of years for people to get used to, for clients to become comfortable with, for attorneys to become comfortable with. HARRY SURDEN: Those are really great observation. So thank you. Let me turn this out to the rest of the panel. Anyone want to talk about limits? Megan. MEGAN MA: So I think one point that you made, Jason, that I thought was really interesting is the idea of plugins and different ways that folks out there in this field are trying to almost mediate for some of these limitations. And one paper that came out recently that I thought was really interesting was actually hugging GPT where, essentially, they were trying to leverage the strengths of ChatGPT, it being so great at communicating with humans, and then using it almost to triage to models that are built for specific tasks. And I think that we see a future where we don't necessarily have to have one model do everything. Yes, we see Midjourney, for example, as a particularly great example at text to image generation. We're going to see, I think, more and more of almost models becoming tour guides and directing you to what you want to-- HARRY SURDEN: Could you just say a little bit more about what does it mean for GPT-4 as a model to talk to other models for those who might not understand that terminology or those ideas? MEGAN MA: Yes. So we're starting to see, almost part of the emergent behaviors between models is their ability to signal in a way various, I guess, tasks and to direct and say, hey, we think that-- this is a particular task. And they parcel it out and allow models that are-- so for example, Hugging GPT, basically, they had leveraged the fact that Hugging Face, which is this big repository of machine learning models-- they know that some models are better than others. And they use it as a segue into others. And to be honest, I'm not 100% sure of the technical elements behind that. But what I do see is this ability to almost build layers on top of models that are able to better refine what are the tasks and what are the work that is specialized for a particular field. HARRY SURDEN: Yeah, that's great. And then maybe a way to think about it, something Jason was saying, where the GPT is the middle person who listens to what's coming in and then decides, Oh, this is a math problem. I'm going to send it out to a calculator. This is an image generation problem. I'm going to send it out to an image generator. So it's the middle. PABLO ARREDONDO: I just want to elaborate a one that may have come up earlier, but also the scarcity of the chips to run this stuff. So Paul Lomio, who was the director of Stanford Law Library, when I was at law school, told me that in the early days of online research, they would tell the Stanford kids, you're not allowed to use it between 11:00 and 2:00 because that's peak New York time. So basically, you guys can't do online research. It's New York's turn to do it. And what I've found is that we find ourselves in something similar right now. We are literally burning through these servers that we have. There's more people wanting to use it than we can. And it's slowing things down. We're getting more servers. They're not only extremely expensive, but they're also just-- it's not. You can't just order as many as you want. They're like partitioning them out. And so Casetext, we've always been, for instance, all students could sign up for free, all judges, et cetera. We've had to change that right now. We've had to be much more judicious on who we can get it out. And so I think there's going to be some distributive justice issues with this, not the-- Westlaw brings its own distributive justice issues, just fine without AI. But I think we're going to see this as something that's pronounced that getting access to the actual chips to run, especially the really good latest models. I think the other models are getting better and faster and cheaper. HARRY SURDEN: Let me just follow up on that because that's a great point. Do you see that as a problem of the moment? So right now you can run models like LLaMA that aren't nearly as good as GPT-4, but two years ago would have required a data center to run, and now, you can run it on your laptop. Two years from now, do you see running something like-- PABLO ARREDONDO: Yeah, there's so much capitalist pressure and evolutionary pressure. And, boy, that capitalistic pressure could do a lot. So I think there's a lot of incentives. But creating new plants to create these chips is not an overnight thing. This is something where it's just-- there's a lag time even when you decide to do it. And Microsoft is trying to corner the market on some. And then, is this just a complete geopolitical thing? But in the meantime, literally-- And right now, we're like, oh, on demo, look how cool, yeah. It's not even working. It's so slow because everyone wants it. And it's working for right now, but I think that's going to get old pretty quickly when they start to-- HARRY SURDEN: Fascinate. Dan, did you have comment? DANIEL SCHWARTZ: Yeah, I just wanted to follow up on another element of the-- because I think hallucinations answers the question of, is the AI making up facts? That's one of the biggest questions that are out there and biggest concerns. And one of the things, and we've talked-- and Harry talked about a number of techniques that can be used to mitigate that and how the eyes are getting better. But I think one the real possibilities here is using the AIs to help you fact-check. So at the end of the day, these AIs are good enough that you can ask them, look, substantiate your claims, show me the underlying text, give me the information. And so, actually, I'm one of the privileged few who has been able to use Casetext. And it has these amazing technologies where it doesn't just give you an answer. It will then give you the quotations from the underlying documents. So that it makes actually site checking, and the type of side checking you might do as a young associate or as a law review editor, relatively easy. And you can go back and verify it. You can even do this within GPT-4 now if you're-- It takes a little bit more engineering. But you can say, look, please give me an answer. And then the next questions is, OK, provide me with a direct quotation from the underlying source that I can see to substantiate that. And then you can go back and do your-- So there are tools in place to facilitate the type of site checking, the type of verification that you need to do that are, really, you'd want to do again. You'd want to do that with any legal document to make sure that the underlying references to the cases are accurate, the underlying references to the whatever it is the depositions, or the underlying emails are accurate. I think that it is much less of a hurdle than initially some people may have made it out to be that these systems hallucinate because you can also actually use, these systems to ensure that what they are saying is represented accurately in the underlying documents that you're providing it. HARRY SURDEN: Yeah, thank you for that. It's a terrific point. Let me put the next question to Megan. So many of us here are lawyers. And we're interested. Wow, can this technology be used in law? Should it be used in law? So Megan, where do you see these technologies being usefully deployed within law? And what are some of the benefits and risks? MEGAN MA: Yes. So I think how I see this question and put differently is what are the relevant use cases? And more importantly, what do I really have to do and in terms of changing my own processes to accommodate for using these tools? And I think just by the examples that you've shown, it's basically showing remarkable performance. But I think the operative word of that question really is "usefully," because a lot of what people think about is even when there's any technology out, it's like, will I really use it? That's why I defer back to Word, that kind of mentality. And I think, essentially, what we want to embrace in the coming future is what the possibility of having it leverage this type of technology to do basic legal work, which will enable better access to legal services, for example, or expansion into pro-bono services. We think of it as being able to help with legal aid clinics, for example, a separate issue in legal diagnoses, and helping to kind of service more clients in need. The other side of it is, because a lot of what we've contextualize right now is it's experiments, we're doing experiments, we have lots of experiments, we actually haven't really thought about integration into or practical integration into our processes. And so until we get past experimenting, that's when we really can move into what we think is practical use. And so some of the questions that we might be thinking of asking is, yes, it's capable of drafting contracts, but what then are the edits that our associates or counsel will have to do on top of that? We might see that they're conducting really complex legal analyzes. But how should lawyers then react to this type of analysis? What do we do further? What is that next step? And we can re-imagine, for example, new methods of IP being able to build legal arguments, for example, or maybe it's creating that first draft, that first template, and it also offers these very specific, highly specified annotated commentary that it took maybe a year or two for a first-year associate that's entering your law firm to then be able to pick up what experience means in your law firm. Now, you're able to do that through these annotations within your drafts. I think part of our center, one of the ongoing research elements that we work on, is trying to uncover how legal expertise actually differs across seniority and specialization. And so we're trying to better represent what actually is that value add that you get from seniority and partner level expertise. And what we're seeing here is these models being able to maybe capture these differences in legal opinions and use them actually as a strength. We're allowing lawyers to be able to gain new insights or expand their critical thinking. And going forward from that, we anticipate more of an embodiment. And what I mean by that is we're getting into a space where we can simulate circumstances of potentially negotiation, litigation, or merger strategy before it happens and other dynamic interactions that we weren't able to gain play before. Or for example, we had a sparring partner within the law firm, but now imagine that kind of as a crowdsource type thing through these tools. But to the second part of the question, there's no technology or tool that we use without risk. But one of the main issues, at least I see it, is that risk is ill-defined in itself, especially in the field of artificial intelligence and in large language models. So we heard questions about data privacy. We know that, for example, ChatGPT is being investigated in Spain. It's also being investigated in Canada. In Italy, it's been full-out banned. There's also a lack of transparency around the data that it has been trained on. We know that it's been trained on a lot of texts, but what texts exactly? And what are the weights? We don't really know. And there's also this "no man's land around" the protections of using these models. So I use these models. What do I do from there? This is particularly concerning, of course, when the information is sensitive, of confidential nature. And we've seen, of course, that Casetext with Co-Council has put in those guardrails. And so these concerns aren't necessarily there, maybe for those who are in a corporate, large-scale law firm setting. But what we're seeing is even between ChatGPT, this free version, and GPT-4, there are monumental differences. And so, the concerns around data remain at large than for the everyday person. And so the point I made earlier about access to legal services and leveraging these large language models to minimize this gap actually resurface if we have very large gaps between the performance of these models, the free version versus the paid-for version. And this is just a risk at the foundational technical level. Risks also can be looked at from the lens of use and interactions with these models and the harms that can come out of it. There's actually really well-thought-out taxonomies of harm and risk that are being put out there, actually, by DeepMind, Google themselves, and by communities of responsible AI and AI ethics communities. But they kind of remain at a level of generality. They don't translate well into a specific domain, such as law. And the question even about evaluations or auditing, you might hear from Anthropic that they put themselves out there as robust, safe, transparent AI, but what does that really mean? We don't even have a consensus around what are the relevant auditing tools or what evaluations we can benchmark against. And so, having these limited understandings, I want to think about the tools that we use that are most pervasive in our everyday work. We think about Google Workspace. We think about Microsoft 365. Actually, these companies are going to be integrating directly large language models. And so, already right now, in our practices, we have things like auto-complete grammar spellcheck. But if you think about it, that added layer on top, we talk about personalities. So Harry pointed out the difference between even Bing and OpenAI. And it is kind of aggressive nature. We don't necessarily know what those personalities and how we're able to necessarily negotiate and speak back with those machines. And so that's probably one thing that is a risk that we need to be a little mindful about because harms don't actually always come in the place of being glaringly obvious. Sometimes they come in very subtle, nuanced, and behavioral nudges, such as those. So if you were not someone who knew actually very clearly that difference in IP questions and had that argument with Bing, would you succumb to what Bing has answered, or would you be able to negotiate back? So I think a lot more research needs to be done on actually questions of contextualized harm and risk. And I think that is what we'll have to do in this buffer period as we look more into a large language model. HARRY SURDEN: Wow. Thank you for that really comprehensive answer. And to your point, I felt like I'd hit a new life flow when I got an extended argument with an AI chatbot. So that was not my proudest moment. Let me toss this out to the panel. What do you guys think in terms of benefits, risks? Jason? JASON ADASKA: Yeah, so I guess in terms of incorporating this specifically into legal, one of the things that I think is really interesting about how this technology has caught on, and it's a little bit of a maybe differs in some ways from the point that you made earlier in your presentation here, Harry, which is, in the future, there's probably going to be other technology that sits in front, and it may not be a chat interface, I'd actually push back on that a bit. It's certainly going to be the case. This is going to be in a lot of tools. But I think one of the things that has allowed ChatGPT to be so successful is that it's in an interface that-- people don't have to learn how it works. You're using natural language. In fact, even the workflow for it drafts something, "no, that's not right. Can you please fix this particular paragraph?" That's the way the attorneys work now. The change is just that you're not working with a person in many cases. Now you're working with a machine that happens to be interacting in that same way. I think that what's exciting is when you have technology that the people who are using it don't have to change what they're doing-- it's the technology has come to them. And I think that's what we're seeing with the chat interface and large language models, is you have this very general-purpose Swiss Army Knife interface. You don't have to learn it. You don't have to read a user manual. You don't have to know what button to press. You just chat with it. And there's obviously, as we talked about, ways to do that more or less effectively. But they're really around what you would use to talk to a person or less effectively. I think there's always going to be that. And that's actually one of the things that will allow this technology to be really transformative, specifically in legal, which has a history of being pretty conservative in terms of, hey, let's change how we're working, let's use some other tools. I think I think people-- since the tool allows the interaction that are natural in many ways, I think that's what's going to help it get adoption. HARRY SURDEN: Terrific point, and friendly refinement accepted. [LAUGHTER] Pablo? PABLO ARREDONDO: So I oscillate between optimism and pessimism with this stuff as the optimistic side to me. So when the computer first came out, Isaac Asimov wrote an article called "Who's Afraid of the Computer?" And he opens by talking about Kepler and saying Kepler had these great insights into how planets move. And then, he had to spend eight months doing these tedious calculations. And can you only imagine what Kepler might have thought of if he had been freed from that tedious labor and could have spent those eight months kind of like shower thinking? So the optimist to me says, can you imagine if we put all of this grunge work down, all of this unnecessary, tedious, repetitive, non-intellectual aspect of law and let ourselves return to like the stuff we learned in law school to think about? What are the policy reasons underlying this? Having time to go find a Chicago sociology study that shows that the actual predictions, these things, this deeper advocacy that might be possible. So that, to me, is the good outcome. The bad outcome is this race-to-the-bottom, McDonald's-ization of the entire field, where it's all just cookie cut it out. It's good enough. And we lose some of the artistry of it. And it might sound strange to hear me talking about this as the guy from Silicon Valley who's selling these wares. But-- [LAUGHTER] On the contrary, I was a-- I'm a lawyer. I still pay my bar dues. I think the legal profession, though much of it is, unfortunately, a shadow of its earlier self, still has a lot of nobility to it. And so I would like to-- I hope that we can use this stuff correctly, to then allow us to both give more people representation and to really increase the quality of representation. That's a good outcome. The bad outcome is just, yeah-- what I described a little. HARRY SURDEN: Yeah, great point. And just to clarify, we don't-- you don't sponsor Silicon Flatirons at all. And we are not, but you're one of the first to-- in the space. That's why we're having it, yes. [INTERPOSING VOICES] Exactly. Yes, Dan. DANIEL SCHWARTZ: So just going to what will be the impact on the practice of law, I do think-- everyone has to make their own judgment. But I do think there's a tremendous amount of change that is going to happen in the near term. And I think that it is impossible to predict exactly how that will play out because it is a byproduct of how the technology will change, how different people will use the technology, how different companies will change the technology and build on it. And also, frankly, laws and regulations, what will be allowed, what won't be allowed. And so, in my mind, the most important thing is for us, for everyone, to stay nimble and to think about both individually. How do you start using this technology? Where would where would you use this technology? How would you use it, becoming familiar with it? I think every lawyer, every law student, should be, at least, starting to familiarize themselves with this. I think that there is some amount of just time in building on that. And frankly, I think, organizationally, a lot of firms, a lot of schools need to be thinking about maintaining flexibility to be able to pivot. And I do think there are a lot of scenarios where maybe there are a lot of negative scenarios where maybe you need fewer attorneys. Maybe there are, are less hiring needs of big law, but then a lot of positive opportunities where maybe there's an opportunity to serve more people to more-- because you can more efficiently, whatever if you can write a will in an hour instead of 10 hours. Well, all of a sudden, now there are a lot more people who you can actually help. And so I think that there are huge opportunities. But there's going to be huge change and disruption. And I think folks need to start grappling with that now, both individually and organizationally. And if you wait too long, that might be a mistake. HARRY SURDEN: Those are some great points. And one issue that we hadn't talked about, but I think is important, is opportunities for access to justice. So Megan and I are working on a project at Stanford to help use some of these new technologies to help underserved communities who don't have access to lawyers to get help with some of their legal questions. So Dan, your question was great, that-- your answer is great that lawyers need to get involved. And you've recently written some scholarship about this. So what can lawyers do now? What should they-- how should they embrace these technologies? DANIEL SCHWARTZ: Well, that allows me to plug my paper. So thank you, Harry. So I have a few different papers looking at this. And I'm working on more. So one paper I have that is more just a way of, I guess, a first process for using this called "AI Tools for Lawyers, a Practical Guide" that's on Google. But essentially, it just walks people through some of the basic things, like chain of reasoning logic that Harry mentioned. But then it also sort of talks through how can you-- even really practical stuff. If you have a case that's too long to plug into it, how can you plug in that case into GPT so that you can actually get it to think through the entire case and analyze it? Or how can you ask it to cite the relevant provisions, something I alluded to earlier? How can you get it to not only draft the contract but then identify the ambiguities and then clarify the ambiguities? So it just walks through some basic techniques. And it's really designed as a way to get lawyers and law students to start actually familiarizing themselves with this technology. I think in a year. It will probably be very outdated if it's not already outdated now, which I hope not. But I think that the first thing to do is use this to-- frankly, spend the $20 a month to get GPT-4 because it is really different than GPT-3.5. So I think everyone should be sending OpenAI their $40 a month. HARRY SURDEN: Not Casetext, the 500 a month. DANIEL SCHWARTZ: Oh, yeah, I know. And Casetext if you can get it, if you can on their weight, pass their weight-- HARRY SURDEN: We're also not sponsored by OpenAI. [LAUGHTER] JASON ADASKA: And start using this technology because there is a craft to it. And there's also just an understanding of where it will help and where it won't help and how can you use it better. So I think developing that skill set is an important first step. And then one of the things, obviously, I'm a law school professor, and actually, I came to this a lot because I started working as a fellow before I became a professor teaching legal research and writing. And so I think it's really important to start thinking about how to train our students to use this well. But I actually am of the opinion that the first thing we need to do is to teach them to do legal research and writing without this technology. I think it is-- one of the dangers here is over-reliance on this technology to the point where you can't understand what is doing well and what it's not doing well. And I've heard people make this analogy. And I quite like it. We teach kids how to do addition and subtraction, and multiplication before we give them access to a calculator. And I think that is very important because there's a way in which those skills are fundamental. And it's even important that even though we can trust a calculator. Well, imagine a calculator that makes mistakes some of the time. And so I think right now that pedagogically, we need to be teaching students how to do core legal research and writing, how to analogize and distinguish, how to write clearly, how to synthesize rules for multiple cases and apply those rules to [INAUDIBLE] facts in a sort of compelling fashion and leverage policy arguments. But then, once we have that foundation, then allowing them to use this technology to further refine that and make it more efficient. And so one-- going to one study that. So we did one study where we just looked at how chat those ChatGPT did on law school exams. And when we found it got about a C-plus. But it was able to get a C-plus in a variety of different areas where we just used a single prompt, single prompt that was used for all different exams. The paper is called "ChatGPT Goes to Law School." And it's already performing at the level of a not-very-good law student. But still, in an employee benefits class, in a constitutional law class, in a torts class-- so we have a new experiment that we're working on now, where what we're going to do is use GPT-4, but we're going to use it and have students use that in concert with their own skills and see what type of difference that makes in terms of their ability to perform. And the hypothesis, we'll have to see how things play out, is that GPT-4 is going to allow law students to not only perform much better on exams and analytical tasks, but we're also using-- we have a separate experiment we're doing it on simple legal task, draft to contract, draft a memo, draft a complaint. And what we're I think what we're going to find, again hypothesis will see, is that this technology allows them to work much more quickly if they're trained well and to work much more efficiently. And so I think that it's a process. And we need to train law students. We need to train get lawyers to use this technology well. And that will take some thought. But I think that if we're thoughtful about it, it really does represent a huge change in how lawyers are going to work. HARRY SURDEN: That was a really thorough answer. And you made a bunch of great points, particularly about everyone should-- I agree should be at least trying out this technology and testing it, particularly GPT-4. And I will say there is a way to get a version of it for free using Bing Chat. It's not the same thing. But it kind of gives you a sense of what's going on. But don't put your private client data in there. Yes. Any other comments on that? What should lawyers be doing? Pablo? PABLO ARREDONDO: Yeah, again, I think steady as she goes. A lot of the stuff you guys are learning are doctrinal. And these are century-old principles and ways of legal reasoning that, frankly, aren't really impacted by technology. And I think you need to really have those down solidly. And I would say that I would rather have a mind that had to wrestle with the blank page from scratch, and clumsily futz around and a strikeout and then take longer, but then learn how to go from complete blank to an ordered system than somebody who thinks that they're, adding better adverbs to a draft that GPT-4 comes out. So make no mistake, you guys are not on the clock. No one's paying you per hour. Once you're practicing, there's other constraints. If I can do it faster, it's not about me. Your guys' number one job is to create the brains and minds that can advance the profession and serve the rule of law. And my personal Toobin on this is, yeah, learning how to, hey, have it make a draft, and I'll edit it. You know how to do that. It's just like if your friend gives you something to edit. It's suffering through that pain of that blank page. I don't-- You might get around it. But ask yourself who suffers there. My two cents, probably not the view of Casetext's marketing team, actually, if I asked him about it. HARRY SURDEN: Yeah, that's a good point. It raises a larger issue that lawyers are not contract-drafting machines or document-- they're advocates and problem-solving. Problem solvers help people through the legal system. So those skills, in conjunction with the basic skills, are still going to be necessary. Did you have a comment? No? So we have one more question, then we're going to open up to the audience for questions. So we hesitate to speculate, but we'll do it anyway. Where do you see this technology going in law or elsewhere in the next two to three years? And I'll just throw this out to the panel. And I picked two to three years because this is changing so rapidly. I don't even think five years from now we can do a reliable prediction, let alone 20. PABLO ARREDONDO: Yeah, I think it's going to be much more quickly adopted than anything we've ever seen. Law is a conservative group overall. But if what I've seen over the last seven months is any indication, they seem to be making an exception for computers that can read. And I think you'll see widespread adoption. I think that you'll start to see some fraying of the billable hours, some form of the business will change, and that probably will impact how many people are getting hired and for what. You might literally start to see that move pretty quickly. And I don't mean that in a doomsday way. I think there have be maybe different distributions of associates doing different things. And I think we'll all be use-- Yeah, it'll be on our phones. It'll be just second nature for us to be using these LLMs to do the vast majority of things we're going to do. And I think we'll find it quite joyful. I think it's going to be a very wonderful feeling to have an AI that can schedule a damn calendar event, and then adjust for the Eastern time versus Pacific time, and do all of these things that if you actually add it up in our life, we're dealing with. Great. Dan? DANIEL SCHWARTZ: So I remember when I was a young associate in, I guess, 2004 doing discovery, and we didn't even have e-discovery then. And I remember sitting on my computer and literally just doing-- looking for keywords for hours on end, and then billing clients thousands of dollars. And I am like, how did I go to law school and do a clerkship to become a trained monkey? And I think that there's still a lot of that in the practice of law for young associates. Let's be real. And I think-- so I do think there's the real potential for this technology to allow lawyers and law students to have more fun in doing their job and also to have more work-life balance. I don't think that this technology is going to put lawyers out of work. I just don't. Do I think it will change demand? Do I think that there may be some reduced hiring needs at some places? I do. But I think that there's actually a lot of ways in which things like soft skills are going to become more important. Can you communicate with people? Can you translate what's on the page into an explanation? Can you develop relationships? Can you be an advocate? Can you can be a strategic thinker? I think those are actually going to be the more prized skills that lawyers are going to need to have, and law students are going to need to cultivate even in the next two or three years. And I do think the practice of law for many will get more fun because we can automate what is still a pretty grueling process in some element, like the discovery or produce a complaint that-- of the type that if you're just an auto accident lawyer. It's the same complaint. You're just copying and pasting funny things. You can do that now without having to spend an hour copying and pasting, or if you're writing something, and it's the summary judgment standard, you've written it 8,000 times, you can just tell GPT, OK, do that for me. So I think I think that there is a lot of hope but also a lot of risk, even just the next few years. HARRY SURDEN: So lawyers having 20-hour workweeks? We'll see if that happens. But no, those are some great comments. Jason? JASON ADASKA: Yeah. So I think the-- echo the statements of the other speakers, in terms of what the future's going to look like. I think it's definitely going to be everywhere. Right now, we see it in a couple of tools. I think it's going to-- in terms of technology for law, it's just literally going to be everywhere, either on the surface or underlying it. In terms of impact, I would expect that the transactional practices, especially those that have fixed fee models, are going to be most incentivized to figure out how to take advantage of that. So I think that's probably where they'll be in initial adoption. And one of the things that I think maybe seems strange to consider right now-- GPT-4 came out in March. We all have a little sense of vertigo, of quickly, this has changed. I think we're going to be-- I think we're going to adapt. We're going to adapt and almost be bored of this in-- even by the fall. We're currently amazed by its ability to be able to address summary judgment or draft a patent or do analysis. I think people are very quickly going to mentally adapt to, OK, here's a set of tasks before that I had to grind through. Why am I doing that? I should be using some tools to either help me do quick summaries of things to do outlines, to draft small pieces. And I think it's going to quickly find its way into just things that people take for granted. HARRY SURDEN: Megan? MEGAN MA: I think, well, not only do I agree with the other panelists in terms of their speculation for the future, I think another interesting area of what large language models could do is its ability-- and Jason teased this, is its ability to tease out our implicit behaviors. I think a lot of our existing legal work is actually-- We think about some of the best clauses that we've ever written. We tend to like to keep those to ourselves at times. And I think that if these models are integrated into our workspaces, such as our Google Workspace or our Office, we might start to see the habits in which we've taken over time and how we draft. And I think that that's going to be really interesting in terms of the future of being able to almost adapt and change the way that we act or behave as lawyers. And so I think that is going to be an area that is particularly interesting. HARRY SURDEN: Great there. Well, those are all great comments on our speculation. So let me open it up to the audience for questions. We have a tradition here at Silicon Flatirons that our first question goes to a student. So, Oh, we've got a student very eagerly volunteering. Terrific. And we encourage more student questions as well. AUDIENCE: Hi, my name is Christine. I'm a PhD student in computer science here at CU. I am wondering what you think some of the practical solutions might be to the current disparity in access to this technology, either directly or as a third party, fourth party beneficiary? PABLO ARREDONDO: We need more chips. We need better GPUs and more of them as fast as possible. I think that's, to my mind, one of the things that's making it very expensive, just literally running it. Maybe I wasn't sure. Are you looking for like a technical or a societal answer? Both? AUDIENCE: I heard whatever [INAUDIBLE] saying. HARRY SURDEN: Yeah, I have a thought, which is, there should be-- the government does need to get involved. This is a big enough technology like the internet. And I think we-- somebody said there's been ideas about having an Apollo program, and not just around the technology, around ethics, and governance. And there, I think there should be a public free option. This is an important enough technology down the road, like electricity or running water. Not immediately, but I think the government needs to get involved. Yeah. MEGAN MA: Sorry. I think also as well there's an important question around open source and licensing of certain underlying models. We've seen most recently, Dolly came out, which is an entirely open-source model. I think there needs to be more of that. And a lot of these models are built on LLaMA, which is a model that Meta put out there, but the licensing issues around that are not well-defined. And I think until we resolve those questions, then we can have definitely more space for free access to these models. DANIEL SCHWARTZ: I'm less convinced that it's imperative that everyone get their hands on these models and use them because I think that the value of these models really depend-- and the use really depends on context. And I think that one of the great things about these for lawyers is how much more efficient it can make law, and that then can actually have huge distributional consequences. So there's this well-known fact in the law that we have too many lawyers on the one hand, we have hugely not enough on the other because there's so many people who don't actually have access to legal services who need them for wills, for divorces, for custody matters. And I think that-- I'm not sure that we're ever going to get to a point where people are going to be able to or at least in the next two or three years, let me put it way, where you don't even need to hire a lawyer. It's just, Oh, I have a will, and I need this, and boom. There's some tools that purport to do that. But where I do think this can be transformative from a distributional perspective is maybe I only need to pay a lawyer $100 to produce a will because, for them, it's literally just a matter of getting a few data points, plugging in and then just checking. And making sure that it's doing what you want. Do you think we need the human in the loop there who has some expertise? But that expertise can just be a matter of let me spend 15 minutes reviewing the output and fine-tuning it, saying, Oh, expand this, or add this, whatever else. So I think that distributional concerns may actually not lead to the, we need to give everyone access to this all at once as opposed to we need to make sure that folks are using these tools in a way that allows them to achieve efficiencies that can serve a wide subset of the population. JASON ADASKA: Yeah, so I'll just add. It's clear that this technology is a democratizing force for lots of specific information that previously people would have had a hard time getting to. The risk is hallucinations and whatnot, as people may not be able to trust all the information that's coming from it. So I think the bottleneck right now is anybody can go to Bing. And you can talk to it. You may or may not get what you want out of it. I think figuring out how to get the correctly curated versions of this out to the right people is honestly an open question. I think it's going to require the right experts and the right regulations in place to be able to get a vetted version of this for the different domains where it might be applicable. HARRY SURDEN: Another question from the audience over here. AUDIENCE: Thanks. Am I supposed to introduce myself? I'm not going to do that. So you've talked about how this is going to impact the practice of law from the, I would say, internal perspective. And I know this is like a whole other panel. So I'll try to ask the question, then give a more specific example. But do you have any thoughts on the current impact it's having? I can speak for myself personally, of advising your clients, especially if you're in the technology sector or work in-house on the using of these tools. Or is your company developing a product that uses them, which they probably are, by the way? And I think the context I'll give you just a narrow that question a little bit is software. You mentioned code generation tools, of which, of course, there's Copilot everyone's heard of, but there's many and models around that. I think that's most relevant to this audience, both from a legal and the technology sector on just on-- that's part of the practice of law. It is not just how we might use them internally, but how are we dealing with advising on both sides of that coin? So I just wonder if you guys had thoughts on that. DANIEL SCHWARTZ: I think the most obvious thing is you need to have a policy. You need to have a policy. So there are so many employers out there that I think don't even have a policy for this for their employees, for instance-- or that just ban it. And I think, actually, in the very short term banning its use may not be a bad idea in certain contexts. It's not clear to me that-- given there's so much uncertainty, it's not clear to me that we want certain employees to be using it to do their job right now because we don't know exactly how to vet it. But I think that, at the very least, you need to address it. And I think that there are a lot of-- you need to do it quickly. But a lot of times, systems, over time, have developed to produce internal policies or internal-- And they take time. And I think we don't have that time right now. You need to have at least a basic policy in place, like for universities or even for my students. For right now, I'm going to ban them using GPT on their exams, for now. And then maybe we'll have a class where we teach them how to use it and we're using it, but I think I think just addressing it is the first step. PABLO ARREDONDO: And I would just say educating yourself about, again if all you saw was people doing donuts on the lawn and going 90 on the freeway and backwards, you say no cars. How about that? Seems like a very good idea in that world. And I think, really going and understanding how these things can be used responsibly, which means secure servers, where the data is not retained, where you're not feeding into the model, where you're using you're coupling into a search engine to go over hallucinations, where there's guardrails to check quotes, all of these different things, I just think you need to learn about them because it's a very different world when you're using them correctly. HARRY SURDEN: Great. Another question from the audience. AUDIENCE: Thanks. My application is healthcare. I'm thinking about the very direct utility of your lessons to a physician trying to do the same kind of stuff with the same kind of problems. One of the threats that we deal with in medicine, though, is a direct-to-consumer application with, the bypassing the provider entirely. And they got access to these amazing tools. 100 years ago, we would say it was illegal for a consumer to have a stethoscope. That's ridiculous. Now you've got to can get an ultrasound. You do your own. It's not just democratization, but there's going to have to be some thought about. Do we have a way of making these apps safe for consumer direct use, where the practitioner only learns about them late? You come into the ER. You're appendectomy is halfway done. And we need to figure out-- [LAUGHTER] --where did Chat-- you know, leave off? So then, I would throw this back in because I don't know if you can answer that for medicine. Good luck to try. But in law, you got this pro se thing. And what happens when a murderer shows up in court and says yeah, I got my defense all prepared. Don't worry, judge. Here, I got it all here. I'll hand it to you. Ready. I'm innocent. So in any profession you'd like-- engineering, aerospace, [? corrections-- ?] pick the one the fun ones. What happens, though? We can't control this entirely as professionals? It's already long out of the-- DANIEL SCHWARTZ: So let me-- yeah, go right up. [INTERPOSING VOICES] PABLO ARREDONDO: --let pro se people use our service. You have to be an attorney because of that. But also ask yourself, you can get pretty informed by a search result on Google and think you're ready to go into your search. Do you know what I mean? So ask yourself, how much of this is just consumers having access to information that they could then foolishly think suffices to make an informed professional decision? And how much of it is actually about AI? I think maybe it's a matter of degree. But we don't want people using it unless they're attorneys because I think it does give the illusion of maybe being more concrete legal advice than it actually is. It needs our attorney's oversight. AUDIENCE: So you're going to make it illegal for-- [INTERPOSING VOICES] PABLO ARREDONDO: --to get our revenue up. We'll finally be-- [INTERPOSING VOICES] HARRY SURDEN: Anyone else on the panel want to comment on that? DANIEL SCHWARTZ: I think licensor issues are really tricky. I tend to think that they've been abused In many settings to actually protect incumbents. But at the same time, I think that they're necessary in a variety of settings as well. And so I think that we will continue to rely on licensure to ensure that, pro se is tough, but to ensure that, you can't just hire your friend to represent you and that you have to if you're going to have to get medical treatment, you have someone who's licensed and knows what they're doing. But as I said, I think it's tough. I think that we'll also see the abuse of licensure rules to protect industries that maybe should be shrinking. And whether that's law or not, I guess-- I'm not sure. But I do think that that's a possibility. And so they're just tricky issues here. I don't know. I really don't know how to-- what the right answer is. I think it's going to be very context-dependent. But I think licensure is the biggest answer we can provide, as well as warnings. And we have the warnings there already. Some of them are-- Google's more aggressive in its warning about what Bard will do, saying, look, don't trust this at all. This is completely-- We don't have that for ChatGPT or GPT-4. They're actually fewer warnings. And so I don't know. I don't honestly also know how effective those warnings are. It tends to be most warnings are not that effective. MEGAN MA: I just want to-- HARRY SURDEN: Oh, go ahead. MEGAN MA: I just wanted to go back to your question on medicine. So a while back, there was a tool called Babylon Health, which was trying to triage and diagnose these medical symptoms. And purport to say we have 92% accuracy, the average experienced medical professional of 30 years is 85%. But what we really get from this information is what do we really want from our professionals? Is it that when you receive this information, is it's accuracy the only thing that we're weighing? Doctors, we want that empathetic angle? What if you receive bad medical news? This machine is not going to give you that same empathy. And so I think when it comes to making that analogy with lawyers and whatnot, we need to really be rethinking what our role is as a lawyer that extends beyond the information that we are communicating. HARRY SURDEN: That's a great point. And one additional point I'll layer on top of that is we always want to weigh the benefits and the harm. So those are some real harms. But also today, people are being harmed by not getting medical or legal advice that they can maybe get in this new world. Well, we are out of time. So please join me in thanking this terrific panel. [APPLAUSE]
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Length: 70min 7sec (4207 seconds)
Published: Tue Apr 25 2023
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