November 15, 2023
Generative AI has quickly grown in popularity in the consumer and business markets. While its use claims convenience and efficiency, organizations should still err on the side of caution when applying it in the workplace.
In a Q&A-style article by Canadian Business, partner Molly Reynolds explores the question: “How can companies ensure their employees are using [AI] effectively?”
“There isn’t a law firm in North America that has authorized its lawyers to use ChatGPT to write factums (legal documents presenting the facts and arguments in a given case),” she said.
“But there was a recent well-publicized case of a lawyer who did just that, and it turned out that ChatGPT had made up the references that it cited—and the lawyer submitted it to court without realizing. Every business has to stay on top of anticipated uses and make its policies clear. And you don’t want clandestine use.”
Read: Guide to artificial intelligence regulation in Canada
Considering risk tolerance, Molly advised as a rule of thumb to utilize generative AI technology like ChatGPT only if you would be happy for any part of the information you’re giving the tool to be made public.
“At our firm, whether or not you use placeholders, ChatGPT must not be used if you’re dealing with confidential or privileged information. There’s always the possibility of identifying someone based on what else is in the database,” Molly said.
“But I think we will start to see a lot more custom LLMs developed for larger companies. That will make a big difference from a safety perspective. These companies will have product teams that onboard the entire staff, which means everyone will be properly trained on how to use the tool safely and effectively.”
Molly also noted the room for standardization around basic disclosure.
“We may see people who regularly use these tools for business communications incorporate a disclaimer that gets put in email footers, for instance—if only so no one can be accused of trying to deceive their counterparty,” she said.
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