lawtalkinghuman
Joined 7 years ago
Joined 7 years ago
The Data Protection Commission in Ireland are remarkably lax about enforcing it because the government quite likes the tax revenue that Google, Apple and Meta brings them.
Someone betting—sorry, investing in a prediction market—means you can have even more confidence in their convictions.
But someone having a Patreon account for people to voluntarily donate money to them means they can't be trusted.
It didn't feel drastically different from using ChatGPT with the ability to search the web, except it was searching material on Lexis, both statute/case law and commentary. It dug out some commentary that confirmed my prior hunches, but also pointed to some cases that weren't in any way relevant.
Otherwise, all the experimentation I've done is with non-confidential material using public LLMs.
For testing, I've asked (admittedly last-gen) LLMs to generate legal opinions regarding issues in commercial English civil litigation, and I received back cases where the citation is real, but the area of law (family law) is not relevant as family courts apply a very different set of procedural rules.
(If you squint a bit, they sometimes might be relevant... and could be useful for a particularly creative litigator to make a novel argument on behalf of a very risk tolerant client. But you would very much want to go read those cases and think quite hard about them.)
Also, an interesting example: in English litigation (where, broadly, loser pays unlike America where each side pays), maximising billable hours is not always a viable strategy for anybody if those costs aren't recoverable on success. Someone involved in large-scale commercial litigation involving disclosure of millions of documents who doesn't use algorithmic document classification (now pretty broadly accepted as normal) potentially runs the risk of a judge determining that the costs of going through all the documents by hand isn't recoverable. Insurers/litigation funders aren't going to want to risk padding the costs so much that the judge prevents them from recovering their stake in the litigation.
Customers using their own LLMs: yep, they might do that. I think the pitch from the legal LLM providers is "we've got legally trained people doing RLHF to make it more accurate" mixed in with "also we've got a partnership with Lexis/Westlaw/etc. so we can do legal research that's better than what's on the open web", with a little bit of "if you get sued for professional negligence, 'I used the legal AI thing that's built into Westlaw' is gonna be more convincing to a judge and jury (and your insurance company) than 'I used ChatGPT, yes, like the app you've got on your phone'...".
Or in prison for fraud.
You then get lots of interesting exceptions and difficulties in applying that rule: who pays when you have multiple potential defendants (but some of them have died or gone out of business or are in a different jurisdiction), or there are fiddly causation issues, or the defendant is an organisation that's vicariously liable for their employee/contractor/authorised religious leader/any number of other relationships, or there's insurance involved, or there's some third party interest, or the purportedly tortious act was mandated by some law or other obligation, or the government decides to set up some kind of alternative process of compensation which may or may not indemnify the tortfeasor, and so on and so on.
When dealing with the not-so-straightforward cases, appellate courts do look at questions like "is this a fair and equitable distribution of the cost?" and legal scholars compare the pros and cons of tort liability to other mechanisms (compensation by the government, industry self-regulation, no-fault/strict liability, mandatory insurance etc).