080 | 😩 Marcia. Marcia. Marcia!

In today’s Brainyacts we:

1. get $100k from OpenAI to dispense legal advice via AI

2. explore the ethics of outsourcing to generative AI

3. spotlight an upcoming AI event for in-house legal teams

4. watch Piers Morgan talk about robot lawyers

5. learn how to share your OpenAI chat sessions

6. read how generative AI can be used in M&A deals

7. find a Very Brady non-AI news item

👋 A special Welcome! to NEW SUBSCRIBERS.
To reach previous posts, go here.

📚🚌 OpenAI will pay you $100k to answer this question

• Under what conditions, if any, should AI assistants be allowed to provide medical/financial/legal advice?

OpenAI is launching a program to award ten $100,000 grants to fund experiments in setting up a democratic process for deciding what rules AI systems should follow, within the bounds defined by the law.

🪐🎓Is using Generative AI just another form of outsourcing?

From drafting intricate legal documents to performing exhaustive research, generative AI is steadily carving its niche in the legal world. The possibilities seem infinite, a mesmerizing symphony of code and law dancing together to create a more efficient, cost-effective legal practice.

But with every new frontier comes uncharted territories and unseen challenges. As we entrust more tasks to this digital legal and business savant, questions around ethics, responsibility, and supervision bubble to the surface.

Is the implementation of generative AI simply a new flavor of outsourcing? How does this digital revolution reflect on our interpretation of the American Bar Association's (ABA) ethical guidelines? How can we ensure that we maintain the sacrosanct standards of our profession as we step into this exciting future?

Here, I present a starting point to explore potential ethics considerations surrounding the use of generative AI.

💪🏻👀 Competence and Supervision

• Understand and effectively apply AI: Are you comfortable using the AI tool and interpreting its output? Can you ensure the AI's output aligns with the specifics of each case?

• Supervision of AI: How closely are you checking the AI's outputs? Are the AI’s data sources and processes reliable? Are you aware of the AI's limitations and the risks of overreliance?

🔑🤐 Confidentiality and Security

• Security of Client Data: Can your AI tool securely handle and store client data? How prepared are you for potential cybersecurity threats or data breaches?

• Third-Party Data Sharing: Does your AI tool share data with third parties, like cloud providers? How are you ensuring that the third parties are maintaining confidentiality?

💬 📞 Communication

• Client Understanding: Are you informing clients about the involvement of AI in their cases? Can you explain the associated risks without overwhelming them with technical details?

• Transparency: How transparent are you being about your use of AI? Are you addressing any potential misconceptions about the role of AI in their case?

💰🤔 Fees and Reasonableness

• Cost Transparency: Are the cost savings from AI being passed onto clients? If AI performs part of the legal work, are you charging the client at the same rate as personal legal service?

• Fair Profiting: How are you balancing your right to profit against the duty to provide services at a reasonable cost?

🤝🚫 Conflict of Interest

• Access to Diverse Data: Could your AI system potentially access data from both sides in a dispute? Are you taking precautions to ensure the AI system doesn't inadvertently create a conflict of interest?

California’s Bar is actively working on some of these and other questions. The ABA Center for Innovation recently convened a group of experts to begin identifying and addressing such concerns. I am honored to be part of this preliminary explorative effort.

Would love to hear your thoughts and ideas on other ethical issues and/or ways to consider generative AI in these terms. Shoot me an email at [email protected].

News you can Use: 

AI for Legal: An 8-Part Masterclass on the Implications & Practical Use Cases of AI for In-House Counsel

An 'AI for Legal' virtual mini-conference to learn about how AI impacts Legal! This from a subscriber to Brainyacts - Avi Weiss. Looks like a quality event!

Robot Lawyer meets Piers Morgan

Joshua Browder, founder of DoNotPay, spoke yesterday about the role of AI in legal and beyond.

Share your OpenAI chats

OpenAI will be rolling out shareable links so that you can send and share your prompts and replies with others. Great and simple walk through here.

There have been third-party plugins available for some time. And Bing Chat has a share option that is more robust - giving you a link and also letting you share directly via certain social media channels. And Google Bard lets you share not with a link but with an export directly to Gmail or Google Docs.

How Generative AI can make a difference in Mergers and Acquisitions

Couldn’t resist as I am pure GenX (not GenAI) and grew up on The Brady Bunch

DISCLAIMER: None of this is legal advice. This newsletter is strictly educational and is not legal advice or a solicitation to buy or sell any assets or to make any legal decisions. Please /be careful and do your own research.8