Memo – Attorneys Are Using AI To Create Legal Documents | A CPA’s Perspective

Definitions:

Artificial Intelligence – is the attempted simulation of human intelligence processes by machines.

ChatGPT – is a form of generative AI — a tool that lets users enter prompts to receive humanlike images, text or videos that are created by AI.

AI (Artificial Intelligence) has been in the news daily for quite a while.

I have noticed a disturbing trend and wanted to alert you to it.

More and more attorneys are using AI to create legal documents from scratch instead of having human beings do it.

Yes, attorneys and CPAs have used the internet for research for decades. This is not what I am talking about.

For example, instead of a lawyer creating a customized Last Will and Testament, or Contract for the sale of a business for a client based on their specific needs and characteristics, an AI engine such as ChapGPT can be used to produce an entire document in a few moments.

I entered two separate queries into ChatGPT.

Click them to see the output:

“Create a last will and testament for Tina Jenkins”

“Create a contract for the sale of a business”

So, what is wrong with that?

Let’s back up a second. We need to understand what ChapGPT uses as a source for its results.

Too many of us think AI engines use curated and vetted sources. Far from it.

AI engines are generalists.

ChatGPT goes out to the digital universe, with zero ability to discern what information is correct, and gives an answer to a query.

This digital universe is akin to a landfill filled with the entire world’s thoughts and postings on a subject.

As in a landfill, most of those thoughts are garbage and should stay buried there.

So professionals who use AI engines to produce documents from scratch most likely are giving you ideas that should be left in the compost heap.

An important point here is to discuss human nature. If an attorney can generate an entire document, their assuming most of it is correct is just natural.

This is why this needs to be avoided at all costs. Legal documents need to be prepared by a seasoned attorney line by line per local, state and federal laws.

Remember, AI generators scour the entire digital landfill for answers with zero human level discernment. It is very easy for “trash” ideas to make it into your legal documents without an attorney realizing it.

This could cause those documents to be useless, invalid or actually cause you astronomical future liabilities you have never expected.

Again, using research tools, many computer based, is normal and advised, for a human being to create accurate documents.

But complete documents should not be created by an AI engine for the reasons already enumerated.

So what should you do?

When engaging an attorney, ask them:
1 – For their written policy related to the use of AI.
2 – What can their staff use AI for?
3 – Are the staff specifically restricted from using AI to generate paragraphs and complete documents?

Also be sure that they include wording in their engagement letter that they will never present you with an AI generated document.

I call this “The Affirmation of Humanity” for professional services.

Demand that H.I. (Human Intelligence) lead the creation of all important legal documents and never accept AI (Artificial Intelligence) doing so.

Questions? Concerns? Call me on (732) 673-0510.