Maybe.
The folks at OpenAI recently opened up their models for public consumption (in beta). You can play around with it for free using their chat interface here, after creating an account.
After some very surface level interaction and then having it admittedly stupid things (“Write a haiku about Nick Saban the Alabama football coach”), I started thinking about how this could be the first AI thing I’ve seen that could actually, maybe, be useful in legal.
But first, remember all that “here comes the robot lawyer” and “this AI can predict case outcomes better than experienced lawyers” bullshit? Me too. It’s still bullshit. So far AI is proving as effective at replacing lawyers as IBM’s Watson is proving effective at replacing radiologists…
So on to what OpenAI has built and then my Hot Take on it. I’m pasting in my prompts and it’s responses here.
Prompt:
What are the steps for fighting an eviction case in Louisiana?
Here’s what it came back with:
If you are facing eviction in Louisiana, there are several steps you can take to fight the case and potentially avoid being evicted from your home.
Review the eviction notice: The first step in fighting an eviction case is to carefully review the eviction notice that you have received. This notice should outline the reason for the eviction, as well as any deadlines you need to meet in order to respond to the eviction.
Determine if the eviction is legal: In Louisiana, landlords must have a valid reason for evicting a tenant, and they must follow specific legal procedures in order to do so. If you believe that your eviction is not legal, you can challenge it in court.
Attend the court hearing: If your landlord has filed an eviction lawsuit against you, you will need to attend the court hearing in order to present your side of the case. At the hearing, you can present any evidence that supports your claim that the eviction is not legal.
Negotiate a settlement: If you and your landlord are unable to reach an agreement on your own, you may be able to negotiate a settlement with the help of the court. This could involve agreeing to pay any outstanding rent or fees, or making other concessions in order to avoid being evicted.
Appeal the decision: If the court rules in favor of your landlord and orders you to vacate your home, you may be able to appeal the decision. This will require you to file an appeal within a specific timeframe and provide additional evidence to support your case.
Overall, fighting an eviction case in Louisiana can be a complex and challenging process. It is important to carefully review the eviction notice, determine if the eviction is legal, and attend any court hearings in order to present your side of the case. You may also need to negotiate a settlement or file an appeal in order to avoid being evicted from your home.
Pretty decent but very generic. There’s no Louisiana-specific stuff in there, like “in Louisiana you only have X days to file your Answer.” But as far as the general process of eviction, it’s a decent summary.
Prompt:
Write a guide for suing someone in small claims court for suing them to get back my three-legged dog, but write it like a pirate.
Here’s what it came back with:
Ahoy matey! Are ye looking to sue someone in small claims court to get yer three-legged dog back? Well, ye've come to the right place! Here's a guide on how to do just that, in true pirate fashion.
First things first, ye'll need to make sure that ye have a good case. If ye can prove that the dog is rightfully yours and that the person ye are suing took the dog without yer permission, then ye should be in good shape.
Next, ye'll need to gather all of the evidence ye can to support yer case. This could include things like receipts or documents showing that ye purchased the dog, pictures or videos of the dog, and any witnesses who can testify on yer behalf.
Once ye have all of yer evidence in order, it's time to head to the small claims court. Be sure to bring all of yer evidence with ye, as well as any other relevant documents or information.
When ye get to the court, ye'll need to fill out the appropriate forms and pay any fees that may be required. Then, ye'll present yer case to the judge, who will listen to both sides and make a decision.
If the judge rules in yer favor, ye'll be awarded the dog and the person ye sued will be required to return it to ye. If the judge rules against ye, however, ye may have to consider other options for getting yer dog back.
So, there ye have it – a guide to suing someone in small claims court to get yer three-legged dog back, written like a true pirate. Just remember to stay fierce and be prepared to defend yer case, and ye should be well on yer way to victory! Arrrr!
Prompt:
Summarize the following in three sentences: "For a district court to grant a writ of certiorari, the petitioner must “demonstrate that the contested order constitutes ‘(1) a departure from the essential requirements of the law, (2) resulting in material injury for the remainder of the case[,] (3) that cannot be corrected...(the rest of what I pasted is quite long, so I’ll spare you, but it’s most of the analysis from this case)
Here’s what it came back with:
For a district court to grant a writ of certiorari, the petitioner must demonstrate that the contested order causes material injury that cannot be corrected on postjudgment appeal. In this case, the trial court's order compelling the petitioner to produce the smartphone's passcode may cause material injury to the petitioner's defense at trial. However, the petitioner could adequately remedy this injury on postjudgment appeal of a final order. As a result, the district court lacked jurisdiction to issue a writ of certiorari.
Which is pretty good! Not ground-breaking, and not a lawyer-quality, but a pretty good and to my eye accurate summary of the passage in three sentences. I think the key here is that as a summarization of the holding of the case it’s definitely fine, like something a smart college student or high-schooler would come up with after reading that passage. It’s not “lawyerly” and it’s probably not something lawyers would depend on to write their appellate briefs for them.
I then asked it “Is this different from a bankruptcy case?” Spoiler: it’s a criminal case, which any lawyer reading the case would know just from the subtle context clues (one party is the State, it’s about a smartphone, etc.). But here’s what the AI came back with:
It is not specified in the text you provided whether the case in question is a bankruptcy case. A writ of certiorari is a type of legal remedy that may be sought in various types of cases, including bankruptcy cases. In order to determine whether this case is different from a bankruptcy case, it would be necessary to have more information about the specifics of the case.
Again, pretty good! Saying “I’d need some more specifics” is very lawyerly answer TBQH, especially after dropping some facts.
On to my Hot Takes.
This isn’t even close to a robot lawyer, but as an automatic research assistant, it has a great deal of promise.
Lawyers who read caselaw and write briefs & motions also spend a good deal of time weeding out cases they don’t need to read or analyze. It’s quite serviceable at doing quick summaries of the key points of long text.
There are powerful use cases in legal but that aren’t legal.
For many firms, non-billable time has a painful way of eating up billable time. Small firms know they should blog and update their website content to stay visible to search engines, but it can also be a huge time suck that you can’t bill for. OpenAI is quite good an creating the first draft of blog posts or content about a topic. An example:
Prompt:
Write a blog post about what someone needs to know about modifying child support and begin with a personal anecdote
Blog post:
As a single parent, I have firsthand experience with the challenges of managing child support payments. When my ex-husband and I first divorced, we agreed on a child support arrangement that seemed fair at the time. However, as the years went on and our financial situations changed, it became clear that the original agreement was no longer working for either of us.
After a lot of discussion and negotiation, we were able to come to a new agreement that better reflected our current circumstances. The process of modifying child support can be complicated, but it is possible to make changes if both parties are willing to work together.
If you are in a similar situation and are considering modifying your child support arrangement, here are a few things you need to know:
Child support can be modified if there has been a significant change in circumstances. In order to modify child support, you must be able to prove that there has been a significant change in your financial situation or the needs of your child. This could include things like a job loss, a change in income, or an increase in the cost of childcare.
The court has the final say on child support modifications. If you and your ex-spouse are unable to come to a new agreement on your own, you may need to go to court to have a judge decide on a new child support arrangement. The judge will consider factors such as each parent's income and the needs of the child when making a decision.
It is important to keep making child support payments until a new agreement is reached. Even if you are in the process of trying to modify your child support arrangement, you are still legally obligated to make your regular child support payments until a new agreement is reached. Failure to do so can result in penalties or other legal consequences.
Modifying child support can be a complex and challenging process, but it is possible if both parties are willing to work together and come to a new agreement that is fair and reasonable. If you are considering modifying your child support arrangement, it is important to consult with an experienced attorney who can help you navigate the process and protect your rights.
Change that to the third person, add in a call to action like “If you need to talk to someone about modifying your child support click here to set up a free consultation,” and that’s a pretty damn solid content page for a family law attorney.
For generating legal information in plain language:
Also I think there’s a great use case in legal aid, again in creating and updating plain-language content. One of the hardest things in creating an informational legal resource is creating the content. Subject matter experts are busy, writing is hard, and coming up with something out of the blue is extremely difficult for most people. But editing something is much easier. I’d love to try an experiment with having OpenAI create legal content, then hand that to the attorney and say “can you take a look at what our intern Bartleby came up with and make sure it’s right?” If there’s there’s two things lawyers love it’s being right and correcting other people.
I’m sure I’ll have more Hot Takes as time goes on. If you’re curious about OpenAI you should create a free account and play around with it. It’s kind of amazing what it can and can’t do.