ARTIFICIAL INTELLIGENCE: A rise...and possible fall?

Dear employer 

Taking risks and experimenting with new technology and tools, for the sake of progress and growth, have never been challenges that NEASA shied away from. However, the one thing NEASA will never do, is to expose our members to unjustified risk.

The recent surge in the capabilities of artificial intelligence (AI) led to its increased use across various disciplines, including the legal field.

Many legal companies and firms started investing in their own AI platforms, or white labeling others, as a means of increasing efficiency and enhancing service delivery, but some of them have abused or misused AI, unfortunately to the detriment and embarrassment of themselves and their clients.

While NEASA cannot deny the incredible capabilities of AI, the fact remains, while an AI assistant may summarise large documents, or draft a legal opinion, the risks remain imminent. There have been numerous reports of AI ‘bots’ or ‘assistants’ having included sources in legal opinions and arguments that simply do not exist (an event they call hallucinations).

One would either need to read through the whole document to ensure that no important facts were omitted, thereby rendering the point of a summary unnecessary, or double-check all of the sources to confirm they exist. Verification will always be required to ensure that AI has done the task correctly or to correct the work it has done.

The field of law is much more than simply the application of existing law and legislation to a set of facts. It is the utilisation of the correct legal arguments and to combine them in such a way to prove your point. If it was just as simple as applying the law, there would be no need for continued and new case law, amendments to laws, and certainly no need for arguments, witness testimonies and lengthy or complicated legal battles.

In terms of legal advice, there might be a counter argument that is potentially stronger, which AI did not consider, as this was not what it was asked. Perhaps this is why OpenAI, the developer of AI assistant, ChatGPT, amended its usage policy which includes restrictions on the "provision of tailored advice that requires a license, such as legal or medical advice, without appropriate involvement by a licensed professional."

NEASA has weighed up the benefits of AI, as well as the risks, and has a strong stance against the use of AI by any of its legal advisors, thereby sticking to what we know, understand and do best. We commit to great personal legal advice and assistance.

In addition to the above, Michael Burry, the hedge fund tycoon that predicted the 2008 housing market crash in the United States of America, has just bet £845 million against the AI ‘boom’. This, coupled with the fact that Geoffrey Hinton, known as the ‘godfather of AI’, has warned against the dangers of AI and even fears what they have created, should be a clear indication why NEASA has taken a cautious approach to the application and utilisation of AI where its members’ interests are at stake.

NEASA has a national footprint with full-time, experienced labour law advisors across South Africa who render diligent and personal services to employers of all sizes, in all industries. In addition, member-employers of NEASA have access to a 24/7 support hotline for immediate, professional advice on all labour-related matters.

NEASA will always keep a finger on the pulse of our ever-changing field of operation, and will adapt when and where prudent, without endangering the best interest of employers across South Africa. 

For more information

NEASA Media Department

media@neasa.co.za