Having serious concerns regarding the ethics of the creation and implementation of artificial intelligence ("AI"), as well as its potentially grave impacts on natural resources, Beth believes (1) the technology is not reliable enough to be useful yet in her appellate practice, and (2) the cost-benefit analysis weighing the potential benefits of AI versus the known harm to the environment does not weigh in favor of adopting the technology at this time. Thus, Beth has not incorporated AI into her practice. While some AI simply cannot be avoided due to various companies' unilateral integration into applications necessary to this work, Beth makes reasonable efforts to actively avoid the use of AI.

 

For example, Westlaw—which is used for legal research—still offers a platform that does not feature AI tools, but there are nevertheless some AI algorithms at use in the background. Also, due to the push by companies to make AI more pervasive with no opt-out options for users, it may become impossible to avoid in the future. Regardless, ChatGPT and similar applications have not been, and will not be in the foreseeable future, utilized by Beth.

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Moreover, recent law indicates use of AI is not protected by the attorney-client privilege. Please be aware that your use (and your attorney’s use) of AI could be discoverable in a trial court proceeding.