BUSINESS LAW & TAX ChatGPT: making poetry of law

Kyra South & Janice Geel

Werksmans

Only two months ago, OpenAI Incorporated (OpenAI), a US artificialintelligence (AI) research laboratory, launched theChat Generative Pre-trained Transformer, more commonlyknown as “ChatGPT”

Sincethen, ChatGPThas takenthe worldbystorm with users posing a vast array of questions on theapp on a daily basis.However, the question remains whether ChatGPTisreally heretostay and whetherprofessions and academic institutionswill need toevolve tokeep up with thesetechnological advancements.

ChatGPT is based on a large languagemodel chatbot that uses dialogue to provide aresponse tothequestion that a user poses on the ChatGPT website.

Thelarge languagemodel consists ofabout 175-billion parameters, which was trained on roughly570 gigabytesof text,sourcedfrom text databasesfrom various internet sources.It incorporates reinforcementlearning with humanfeedback (RLHF) to provide userswith written paragraphs ofcontent which appearas iftheuser hasgenerated the text response.

TheRLHF modelthat underpins ChatGPTincorporates machinelearning into ChatGPT. Therefore,the moreusers makeuseof ChatGPT, thebetter thetext responses generatedby ChatGPTwill becomeasthe ChatGPT algorithmbecomes more equippedat predicting text responses.

Despite the impressive responses generatedby ChatGPT, wenote thatthe disclaimer states ChatGPT may generateincorrect or misleading informationand, as a result,ChatGPT is not intended to giveany advice. ChatGPT alsoprovides further disclaimers when a user poses a sectoror professionspecific question,suggesting the userobtain professional advice.

Nevertheless, recent studiesbythe UniversityofMinnesota andthe Universityof Pennsylvania foundthat

ChatGPT is ableto pass law and business examinations with an average C+ or B grade (in SA terms roughly between 50% and 69%).

In December2022, Andrew Perlman, dean of the Suffolk UniversityLaw School inBoston, alsotested ChatGPT by providing a series ofprompts toChatGPT for tasks such as:

● Drafting abrief tothe US Supreme Courton whythe court should not overturn same-sex marriages;

● Developing a list of depositionquestions fortheplaintiff ina motorvehicleaccident; and

● Drafting a contract of sale of realestate inMassachusetts.

Perlman notedthat the responses by ChatGPT were a good startingpoint to preparelegaldrafts andhassignificantpotential todealwith access to justice issues in routine legal matters.

Perlman further noted that legal practitioners can use technology such as ChatGPT to enhance the quality of their work.

Even though AI,like that provided by ChatGPT is currently not entirely accurate, the possibilitiesfor AIare endlessdue totheinherent machine learning embedded in it.

AsAIlearns moreandits responses become more accurate, users may decide to rely more on AI for routine

Taxing Matters

issues. Consequently, AI may behere tostay;however, human intervention will still play anintegral partin resolving morecomplex issues, whichAI maynot be able to resolve.

Professional and academic institutions will therefore need to adapt and evolve to keep up with these technological advancementsto ensure they can meaningfully incorporate ChatGPT in their work quality and efficiency.

ThusChatGPT isnotnecessarily the beginning of the end that willmake human intervention obsolete, but it canbethe magicbulletthat enhances professionaland academic institutions.

Ifyouare stillnotconvinced about the capabilities ofChatGPT,here isashort poem written by it. ChatGPT and theLaw illustratesthat ChatGPT iscognisant ofits own limitations while simultaneously highlighting how it could be used by legal practitioners as atool to enhance the profession.

ChatGPT and the Law ChatGPT, amodel trainedin the law

An AI with knowledge vast and raw

A tool that helps with every need

In legal matters, it truly excels indeed

With itsvast database, ChatGPT knows the score

Helping us navigate through legal wars

It helps usunderstand what’ s right and true

And always answers,with a point of view

Thelaw iscomplex,and sometimes hard to grasp But withChatGPT, wecan move forward fast Itsknowledge isalways upto date

And with its answers, we won ’t hesitate

So let us usethis AI with care

And trust its answers, beyond compare For ChatGPT is here to serve In thelaw, italways hasthe verve Solet usthank thismodel so bright And always use it, with all our might For inChatGPT, wehave a friend In thelaw, itwill alwayshelp us to the end.

The poemwas generatedon ChatGPT on January 29 2023.

● Reviewed by Natalie Scott, Director and Head of Sustainability, Werksmans Attorneys