• THE STATE OF AI
US – MASSACHUSETTS
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MY ADVICE...
Get used to generative AI and get used to what it can do for law practice, as it isn’t going anywhere any time soon. AI is only as good as its training and programming, so always exercise care when relying on generative AI to compose legal documents, and make sure any propositions of law or legal citations it includes are valid and proper. If ODR is available in your jurisdiction, take advantage of it while still ensuring your client’s right to appeal to human beings is protected.
Q3 How is your jurisdiction preparing to tackle bias and transparency in generative AI tools? A handful of bills have been introduced in the Massachusetts legislature aimed toward state regulation of generative AI. One in particular, S.31, stands out. This bill was written with the help of ChatGPT, a popular generative AI website. Bill S.31 focuses on three major concerns: preventing bias against groups and individuals, transparency in using AI and preventing plagiarism, and the prevention of unjust data collection from individuals. The bill does not go into detail about what would be considered bias against groups or individuals. It does, however, require large-scale AI companies to be registered with the Attorney General’s Office and provide regular risk assessments. Hopefully, the regular risk assessment and reports will be sufficient to mitigate potential bias. Additionally, the bill does take specific measures to ensure transparency, such as the requirement of a distinct watermark that must be generated along with any text. There are several other bills that have recently been introduced to the Massachusetts State Senate regarding generative AI software, but none of them focus as much on bias and transparency as S.31 does. Other bills currently in committee like S2539 and HD4788 tackle infrastructure and training in relation to AI software. Massachusetts Attorney General Campbell has expressed great concern about generative AI software and the need for regulation. Campbell has urged Congress and the Massachusetts State Legislature to accelerate the creation, passage, and implementation of AI-related bills, which bodes well for the speedy prevention of bias and encouraging transparency in this new and rapidly developing technology.
With offices in Austin, Boston, & London, Thomas H. Curran Associates, LLC represents a wide variety of individuals, businesses, corporate entities, and governmental agencies in litigation and transactional matters throughout the United States and Western Europe. We have navigated a broad range of commercial litigation cases, including cross-border insolvency, institutional creditors’ rights, and bet-the- company litigation, and have earned a winning track record throughout the United States.
has promising implications for access to justice and, if reliably programmed, such an application may improve the quality of self-representation and better equip pro se litigants who may not be experienced in interacting with the court system. With the Massachusetts government expressing goals of positioning the Commonwealth to be a “hub” for the development of AI technology, it would be unsurprising to see a surge of activity in the future along these lines. Q2 How do you feel about generative AI in disputes? Could ChatGPT or related applications pose a faster, fairer dispute resolution process, or does it pose a serious risk to the resolution process? The usual generative AI caveats undoubtedly apply in the context of dispute resolution: because this
technology is only as good as its programming, it will always be imperative to exercise care in its development and deployment. Where courts in the United Kingdom and Canada have had some success in developing ODR processes, there is a promising road ahead as the technology develops that may help to streamline and simplify the dispute resolution process while at the same time reducing the load on overburdened courts. Care should always be taken to ensure that no parties are deprived of access to the courts or resort to human intermediaries, and there will need to be strong failsafe mechanisms in place to ensure accuracy and fairness in dispute resolution processes that rely on generative AI. However, practitioners should remain hopeful at the prospect that, properly harnessed and programmed, generative AI could become a powerful tool to aid not just in faster and more reliable dispute resolution, but in many other aspects of law practice like document review, sorting through voluminous information, and optimising productivity.
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Thomas Curran speaking with IR Global members during a professional networking conference
“With our innovative approach to complex litigation challenges, we consistently and effectively deliver unparalleled value to our clients.”
“AI is only as good as its training and programming, so always exercise care when relying on generative AI to compose legal documents and make sure any propositions of law or legal citations it includes are valid and proper.”
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