• The Brainyacts
  • Posts
  • 235 | šŸ‘·šŸ§ Build your ChatGPT Legal Mentor in 10 minutes

235 | šŸ‘·šŸ§ Build your ChatGPT Legal Mentor in 10 minutes

Brainyacts #235

Itā€™s Tuesday. I am not a big birthday guy. Today is my 51st. I donā€™t fear them nor do I over-celebrate them making the day all about me. For me, it is just a decent day to take a moment to check in to see if I am living the life I want. But honestly, we shouldnā€™t reserve this thoughtful question just for birthdays. No matter what day it is, the vibe I try to live by is captured in the pic below.

Onward šŸ‘‡

In todayā€™s Brainyacts:

  1. Robot lawyer in trouble

  2. ChatGPT Legal Mentor in 10 minutes

  3. OpenAI will cost you more and other AI model news

  4. Self-driving wheelchairs and more news you can use

    šŸ‘‹ to all subscribers!

To read previous editions, click here.

Lead Memo

šŸ¤– šŸ§‘ā€šŸ’¼ FTC: Beware the ā€œRobot Lawyerā€ (but it might not be unauthorized practice of law either)

Quick question: how many of you have been flooded with marketing and sales pitches claiming that GenAI can revolutionize how we work? Likely almost all of you. The marketing is inescapable. And while marketing and sales have always been lenient with the specific facts of a product, sometimes they get too ambitious with their promises

Recent enforcement actions by the FTC and Texas AG show us why these promises should be met with healthy skepticism, especially when companies start throwing around terms like ā€œrobot lawyer.ā€

Letā€™s take a closer look at a recent case involving DoNotPay, a company that claimed to be ā€œthe worldā€™s first robot lawyer.ā€ Spoiler alert: it wasnā€™t. Here is the link to the FTC documents.

ā€œBusinesses that exploit media hype and consumer unfamiliarity with this new technology to cheat people out of their hard-earned money should expect a knock on the door from the Commission and other law-enforcement agencies.ā€

FTC Commissioner Andrew N. Ferguson

Previous home page

The DoNotPay Situation: No, AI Canā€™t Replace Your Lawyer Just Yet

DoNotPay positioned itself as a legal game-changer, advertising that its AI chatbot could help users sue without a lawyer, draft legal documents, and even replace legal professionals altogether. It boldly claimed it would disrupt the $200-billion-dollar legal industry. Sounds impressive, right? But hereā€™s the catch: the Federal Trade Commission (FTC) found these claims to be misleading and unsubstantiated.

DoNotPayā€™s ā€œrobot lawyerā€ didnā€™t live up to its marketing hype, according to the FTC. They pointed out that the company hadnā€™t tested its AI chatbotā€™s output against the work of human lawyers, and worse, they didnā€™t have any lawyers involved in the productā€™s development. The companyā€™s failure to back up its claims with real evidence led to a settlement that required DoNotPay to cough up $193,000 and notify consumers about the serviceā€™s limitations.

Todayā€™s home page

The lesson here is obvious: AI might be able to assist with legal tasks, but itā€™s far from replacing human lawyers, no matter what the marketing says. And if youā€™re a lawyer being pitched an AI tool, itā€™s essential to look past the hype and demand concrete evidence of its capabilities.

Unauthorized Practice of Law? - Interesting statement by Commissioner Ferguson. He added the following to his official statement, ā€œI write also to clarify that my vote should not be taken as support for the State Bar of California's claim that DoNotPay was engaged in the unauthorized practice of law.ā€ I think this is important as it shows he was not targeting DoNotPay due to some threat against lawyers.

Texas AI Settlement: When AI Claims Go Too Far

The DoNotPay case isnā€™t an isolated incident. In Texas, the Attorney General recently settled with Pieces Technologies, a healthcare AI company that had made inaccurate claims about the accuracy of its AI products used in hospitals. Pieces claimed their AI could summarize patient conditions with an error rate of less than 1 in 100,000ā€”an impressive stat, if it were true. The reality was that these metrics were deceptive, and healthcare providers relying on the tool could have put patients at risk.

The Texas settlement serves as another reminder that AI claimsā€”especially in high-stakes environments like healthcare or legalā€”need to be rigorously vetted. Just like in DoNotPayā€™s case, Pieces Technologies had to walk back its promises and agree to disclose the limitations of its product.

What Lawyers Should Do: Ask Tough Questions

So, as a lawyer or legal advisor, how do you navigate these AI pitches? Here are a few straightforward steps to help you separate fact from fiction when evaluating AI tools for your practice or your clients:

1. Demand Evidence, Not Hype: When a company claims its AI can replace lawyers or perform tasks with near-perfect accuracy, ask for third-party testing or validation. Donā€™t just take their word for itā€”require data, case studies, or anything that proves the toolā€™s effectiveness.

2. Look for Legal Expertise: Is the AI tool being developed with actual lawyers involved? As the DoNotPay case showed, having legal professionals involved in AI development is crucial. If the product is being pitched as a tool for creating legal work product, make sure real lawyers are part of its creation and evaluation.

3. Understand the Limits: Generative AI, like any technology, has its limitations. Even the most advanced are not fact-machines or oracles of truth. That is not their purpose. And user inputs (your prompting) can heavily skew the quality of the output. If a company claims that their tool is error-proof or nearly perfect, thatā€™s a red flag.

4. Stay on Top of Regulatory Trends: The FTC, along with other regulators, is watching AI closely. Any AI product being marketed to replace or enhance legal services must comply with existing consumer protection laws. As the DoNotPay and Pieces Technologies cases show, regulators are willing to crack down on companies that oversell their AI capabilities.

5. Tailor Your Contracts: If you do decide to use or recommend an GenAI tool, make sure your contracts reflect the reality of what the tool can do. Build in provisions for accuracy guarantees, liability for errors, and transparency about the AIā€™s limitations.

Spotlight

šŸ”„šŸ¤Æ Video Session: Creating Your Own Legal Mentor with ChatGPT

Highlighting ChatGPTā€™s Advanced Voice Mode and Custom Instructions

As a lawyer, you understand the importance of having access to the right mentorship, especially when youā€™re just starting out. Whether youā€™re a new associate, a law student, or even a junior partner, the early years of practice are often marked by uncertainty and the constant need for guidance. However, mentorship isnā€™t always available when you need it most, and letā€™s face itā€”asking partners or senior colleagues every single question can feel daunting.

Thatā€™s where generative AI, specifically ChatGPTā€™s Advanced Voice Mode, can step in as a powerful tool. Today, I want to show you how you can leverage this technology to essentially create your own AI-powered legal mentorā€”someone you can turn to for advice, guidance, and support at any time. Whether youā€™re seeking help drafting a document, learning legal terminology, or just trying to get your time management under control, this is a resource thatā€™s always available.

What is ChatGPTā€™s Advanced Voice Mode?

ChatGPTā€™s Advanced Voice Mode is available through the OpenAI mobile app for those of you with Plus or Team subscriptions. The app lets you interact with ChatGPT using natural, conversational speech rather than typing, making it feel more like a real-time conversation with a trusted advisor. It speaks back to you in a conversational way. You can even interrupt it. Itā€™s an experience that can be particularly useful when you want quick, clear answers without the formality of typing everything out.

Hereā€™s why this matters: voice mode combined with ChatGPTā€™s custom instructions feature allows you to personalize how the AI responds, giving you mentorship thatā€™s tailored to your specific needs. You can guide ChatGPT to respond in the tone and style you prefer, making it as close to a personalized mentor as possible.

The Power of Custom Instructions: Your AI, Your Way

One of the most underutilized features of ChatGPT is its custom instructions. THis is an older feature but too few use it. This feature lets you provide ChatGPT with details about yourself, your goals, and how youā€™d like it to respond. Think of it as priming the AI to behave like your personal legal coach. You can tell it things like:

ā€¢ ā€œIā€™m a first-year associate with no transactional experience. I work in corporate law and am responsible for drafting documents under tight deadlines.ā€

ā€¢ ā€œWhen you respond to me, please keep explanations clear and concise, using analogies where possible. I prefer step-by-step instructions, but I also want a high-level understanding.ā€

By doing this, youā€™re shaping the AI to fit your unique situation. Whether youā€™re struggling with legal writing, learning how to bill your time properly, or even how to ask smarter questions, ChatGPT becomes an invaluable resource.

Practical Example: Drafting an LOI

In the video demo below, I asked ChatGPT to help me draft an LOI after receiving a brief and slightly intimidating email from a partner. I didnā€™t know where to start. So, I simply asked ChatGPT, and hereā€™s what it gave me:

ā€¢ Whatā€™s an LOI? Itā€™s a Letter of Intent, outlining the key terms and conditions before a deal is finalized. Itā€™s like a handshake before the actual contract.

ā€¢ Structure and Tone: ChatGPT explained that an LOI should be formal, but not as detailed as a full contract. It suggested organizing the LOI into bullet points or sections for clarity.

ā€¢ Due Diligence Section: When I wasnā€™t sure what ā€œdue diligenceā€ meant in this context, ChatGPT broke it down as the investigative phase where the buyer reviews the sellerā€™s business. It gave me pointers on what to include, such as timelines and cost responsibilities.

All of this happened through a simple voice interaction, which felt like having a conversation with a seasoned mentor. This process not only saved me time but gave me confidence in completing the assignment.

Why This Matters for You

If youā€™re reading this, chances are youā€™re either a practicing lawyer or someone navigating the early years of your legal career. Generative AI tools like ChatGPT are not just noveltiesā€”they are practical solutions that can help you navigate real challenges.

For example:

ā€¢ Immediate access to advice: You donā€™t have to wait for a mentorā€™s availability. ChatGPT is always there.

ā€¢ Improved confidence: By receiving clear, structured guidance, you can feel more assured in tackling unfamiliar tasks.

ā€¢ Better time management: The AI can help you break down complex tasks into manageable steps, ensuring youā€™re working efficiently without wasting hours.

A Final Thought: Bridging the Mentorship Gap with AI

The legal profession is increasingly recognizing the value of generative AI, not just for document drafting and research but as a mentorship tool. As firms continue to explore how AI can complement the work of lawyers, ChatGPTā€™s Advanced Voice Mode offers a glimpse of whatā€™s possible. Itā€™s not about replacing human mentors, but augmenting the support you already haveā€”helping you get through those tricky early years of practice.

I encourage you to explore this feature, especially if you find yourself in situations where you need a bit of extra guidance. As Iā€™ve demonstrated, using ChatGPT as a legal mentor is not only feasible but incredibly beneficial.

Give it a try and see how it can fit into your daily practice. If youā€™ve already started using it or plan to, Iā€™d love to hear your experiences!

AI Model Notables

ā–ŗ Microsoft gives Copilot its biggest redesign yet. The new Copilot experiences which will debut this fall, include Copilot Voice, Copilot Vision, and Copilot Daily, among others.

Here is a sample of Vision which can see what is on your screen:

ā–ŗ OpenAI had a DevDay today. It was not broadcast but the news coming out is extraordinary. One of the key features is real-time voice-to-voice generation using the new Advanced Voice Mode. This means that developers (and yes even you and me) can now build our own apps that talk back to use!

Oh and this Tweet/X post by Sam Altman, CEO of OpenAI will either excite your or scare you:

ā–ŗ OpenAI is set to raise the ChatGPT price to US$44 in five years, eyeing an increase to $22 per month by the end of this year.

  • ChatGPT is expected to make $2.7B in 2024, +286% from 700M in 2023.

  • OpenAI expects to bring in $11.6 billion in 2025.

  • OpenAI has forecasted its revenue to hit $100B in 2029. 

ā–ŗ Microsoft's AI-powered Recall feature, which captures user screenshots, has undergone a significant security overhaul.

ā–ŗ Amazonā€™s $4 billion partnership with AI startup Anthropic gets UK competition clearance

ā–ŗ Governor Gavin Newsom vetoes S.B. 1047, a proposed AI safety bill aimed at imposing stricter regulations on Silicon Valley AI firms and their model releases in California.

  • Billā€™s key provisions: Required AI models to undergo safety testing before public release and held companies accountable for damages over $500M caused by severe harm.

  • Opposition from tech giants: Companies like OpenAI and Google, along with venture capitalists and politicians (including Nancy Pelosi), lobbied against the bill, citing concerns it would hinder innovation.

  • Support for the bill: The legislation had backing from Elon Musk, AI expert Geoffrey Hinton, Anthropic, and over 120 Hollywood figures.

  • Newsomā€™s reasoning: He praised the billā€™s intentions but said it didnā€™t address crucial factors like AI deployment in high-risk settings or the use of sensitive data.

  • Next steps: Newsom pledged to work with AI experts to craft more suitable regulations in the future.

News You Can Use:

āž­ High school is becoming a cesspool of sexually explicit deepfakes.

āž­ Self-driving wheelchairs have been zooming around Seattle-Tacoma International Airport for the past month, helping transport passengers to and from their gates.

āž­ Donā€™t use AI for police reports, prosecutor tells Seattle-area law enforcement.

āž­ AI company wants to revolutionize 911 calls. It uses AI to pull out potential items of importance, like addresses and descriptions of emergencies, even translating texts for dispatchers where necessary. Unbelievable how antiquated current 911 system still is.

āž­ AI can (mostly) outperform human CEOs.

āž­ New heart imaging technology aids Omaha doctors in diagnosing heart disease.

āž­ HarveyAIā€™s chief strategy officer has left to join Debevoise & Plimpton as a New York-based public company M&A partner.

Was this newsletter useful? Help me to improve!

With your feedback, I can improve the letter. Click on a link to vote:

Login or Subscribe to participate in polls.

Who is the author, Josh Kubicki?

Some of you know me. Others do not. Here is a short intro. I am a lawyer, entrepreneur, and teacher. I have transformed legal practices and built multi-million dollar businesses. Not a theorist, I am an applied researcher and former Chief Strategy Officer, recognized by Fast Company and Bloomberg Law for my unique work. Through this newsletter, I offer you pragmatic insights into leveraging AI to inform and improve your daily life in legal services.

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