Welcome to 2024!

As 2024 kicks off, we are excited to go into this year trying to figure out exactly what AI will bring. For Lawyers, it should bring about a lot of caution. Last week, Michael Cohen presented fake AI generated cases to a Federal Judge through his lawyers (Bard is not a search engine). This week, Chief Justice Roberts centered his end of year report around the dangers of AI (guess that was a week late for Cohen).

It feels as though 2023 was the initial start of the AI age, although it has been around for a considerably long time, but it felt like the snowball really started rolling. So, what will 2024 bring us on the AI front? We don’t know the answer, but it’s likely to be somewhere in the Shakespearian Comedy to Tragedy range.

In this edition:

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Conversational AI is revolutionizing the way businesses interact with their customers. By using artificial intelligence and natural language processing, conversational AI allows for more human-like conversations between customers and businesses. As this technology keeps getting bigger and changing, it's important to watch the top companies that are leading in conversational AI.

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Nick Bostrom is a philosopher at the University of Oxford known for his work and books on existential risk, the anthropic principle, human enhancement ethics, and superintelligence. He further has a background in theoretical physics, computational neuroscience, logic, and artificial intelligence, as well as philosophy, and is the most-cited professional philosopher in the world under the age of 50.

In his annual report, Chief Justice John Roberts delved into the evolving role of AI in the judiciary, offering insights that balance the potential of AI with the irreplaceable value of human judgment in legal processes.

The report begins with a historical perspective, reminiscent of a time when quill pens were the norm in the judiciary. It draws a vivid picture of the transformation from these humble beginnings to the current digital era. The introduction of personal computers in judges' chambers in 1989 marked the beginning of this journey. The report then takes us through the development of systems like PACER and CM/ECF, which revolutionized court document management, illustrating a significant leap in judicial efficiency and accessibility.

In this story, AI emerges as the latest character, bringing both promise and caution. The report acknowledges AI's potential to democratize access to legal resources, especially for those with limited means. However, it also highlights the pitfalls of AI, such as the creation of non-existent legal cases, a phenomenon termed as "hallucinations." This part of the story serves as a reminder of the need for balance and vigilance in the adoption of new technologies.

Roberts also acknowledged the significant impact AI could have on judicial work, particularly at the trial level. He highlighted the advancements in AI, such as ChatGPT passing several law school exams, illustrating AI's growing capabilities in legal research and information access. However, he also pointed to the risks, as evidenced by Michael Cohen's experience with AI-generated fake legal cases, emphasizing the need for caution and humility in AI usage.

Amidst the backdrop of technological progress, the report emphasizes the irreplaceable role of human elements in justice. It highlights the nuances of human interaction, judgment, and discretion that remain beyond the reach of machines. This part of the story underscores the complexity and depth of human judgment in legal processes, which technology, no matter how advanced, cannot fully replicate.

Roberts firmly rejects the notion that AI could render human judges obsolete. Drawing an analogy with professional tennis, where optical technology is used for precise decisions, he noted that legal determinations often involve gray areas requiring human judgment. This perspective underscores the complexity of legal decisions and the nuances that technology, no matter how advanced, cannot fully capture.

Chief Justice Roberts' report paints a picture of a judiciary that is cautiously embracing AI's potential while firmly upholding the indispensable role of human judgment. It highlights the judiciary's journey towards integrating technology, balancing efficiency and access to justice with the depth and complexity of human-led legal processes.

(If you would like to read the full report yourself, it can be found here)

Drawing on from the main article above, AI should be cautiously used in the courtroom. In a recent development that has stirred the legal community, Michael Cohen admitted to inadvertently using artificial intelligence-generated fake legal case citations in a court filing.

Cohen's revelation came in a court filing unsealed in Manhattan federal court, where he disclosed that he had passed along AI-generated legal case citations to his attorney, David M. Schwartz. These citations, which were sourced from Google Bard turned out to be non-existent. Cohen, disbarred five years ago, used the internet for legal research, mistakenly believing Google Bard to be a "super-charged search engine".

The incident led to a significant legal faux pas, as these bogus citations were submitted to a New York judge. Cohen blamed Schwartz for not verifying the citations' validity, though he appealed for leniency, labeling it an honest mistake. E. Danya Perry, another attorney representing Cohen, reported the false citations to the judge and federal prosecutors, emphasizing that Cohen should not suffer collateral damage from Schwartz's oversight.

This case highlights the growing influence and potential pitfalls of AI in legal research. It also reflects a broader trend, as this was not the first instance of AI-generated fake citations in legal documents. Earlier, two lawyers were fined for citing non-existent cases generated by ChatGPT in Manhattan federal court.

Michael Cohen's experience serves as a stark reminder of the limitations and potential risks of relying on AI for legal research and documentation. It underscores the importance of human oversight and the need for legal professionals to stay informed about emerging technologies and their implications.

Based on recommendations from Altman, Gates and Musk, we recently came across this book and found it magnificently well written and thought out. Give it a read if you have some time.

Superintelligence: Paths, Dangers, Strategies is a book by Nick Bostrom. It explores how superintelligence could be created and what its features and motivations might be^. It argues that superintelligence, if created, would be difficult to control, and that it could take over the world in order to accomplish its goals. The book also presents strategies to help make superintelligences whose goals benefit humanity^. It was particularly influential for raising concerns about existential risk from artificial intelligence.

Prompt: Surreal sunrise high in the mountains above the clouds, surrounded by trees

Prompt: Abstract rendition of a woman’s face, surrounded by clouds and splashes of color