Some Legal Ethics Quandaries on Use of AI, the Duty of Competence, and AI Practice as a Legal Specialty

May 6, 2024

Ralph Losey. Published May 6, 2024.

This blog considers some of the ethical issues of competence that arise when a lawyer or law firm uses generative AI to assist in rendering services. Prior to the advent of artificial intelligence the legal profession devised many ways to meet the duty of competence, including continuing education and the creation of legal specialties. The profession is now supplementing these methods with the use of AI. This raises new ethical and practical issues of competence discussed here. All words by human Ralph Losey alone without AI assistance. All images created by Ralph using his custom AI, Visual Muse: illustrating concepts with style.

The legal specialty tradition allows different client needs to be met by different attorneys. This involves splitting legal work into subareas. A law firm with a number of different specialists uses different lawyers to perform particular tasks as a team effort. One example of this today is in litigation. There are often attorneys who specialize in pleadings-motions practice, others who specialize in discovery or e-discovery, others who specialize in the conduct of trials and still others that only handle appeals. The specialist attorneys collaborate with each other, and the prime client interface lawyer, to perform the work competently. This allows for both very high quality work and more efficient, cost effective services in complex cases.

Many simple cases today are still handled by a solo general practice attorneys, often economically and sometimes with good quality too, but not always. Could AI help both law firms and solo practitioners? This article addresses ethical issues of AI use as a specialist co-counsel. When and how can generative AI be used by lawyers to collaborate to meet their ethical duties of competent legal services?

Specialties and Complex Legal Work

The legal practice of specialization and collaboration allows a lawyer to competently represent a client in very complex situations. These are situations where one lawyer’s skills alone would not be adequate to meet their duty of competence. Competence is required by Model Rule 1.1 of Professional Ethics. That is one reason that law firms have evolved and grown ever larger to include attorneys with a variety of legal skills. This allows lawyers to more easily assist each other in the representation of the firm’s clients.

In today’s world lawyers routinely delegate some of the work involved in representing a client to other attorneys with skills in a field they may not have. Some lawyers may not like to hear this, but the truth is, no one lawyer knows it all. For example, a corporate lawyer specializing in mergers will routinely delegate complex electronic discovery issues they encounter. Moreover, few litigation lawyers would dare approach estate planning or tax issues, and visa versa. Will the advent of AI change this?

Task Splitting is also a Prompt Engineering Strategy

This strategy of spitting tasks is also one of the six strategies recommended by OpenAI for best-practice use of its generative AI. See Transform Your Legal Practice with AI: A Lawyer’s Guide to Embracing the Future (OpenAi’s third strategy is “Splitting Complex Tasks Into Simpler Subtasks”). This is one reason lawyers can easily learn this particular prompt engineering strategy, one of six, for the competent use of generative AI. It is a familiar strategy. The idea in AI is to split up a single task into subparts. That makes it easier for the generative AI to understand and follow. That in turn improves the quality of the AI speech generated, and reduces the errors and hallucinations.

That is like human lawyers splitting up a single task – litigation – into many subtasks. That also reduces minor errors and reduces the colossal near hallucinatory mistakes, which humans, much like AI, can sometimes make. It typically happens to humans lawyers when they are acting way out of their depth. The same thing tends to occur to generative AI.

Questions Raised by Lawyer Use of Generative AI to Meet their Duty of Competence

What happens when a lawyer seeks to meet their ethical duty of competence by delegating some of their work to an AI? It appears that more and more lawyers are trying this now. There are many reasons for this. First of all, generative AI and various LLM applications have knowledge of almost all legal fields, all specialties. Plus, many work for free, or nearly so, and do not request a share of the client’s fee, like a human lawyer specialist. Not only that, they make the human lawyer look good; well, usually.

To get away with using AI to meet your duty of competence to handle a particular matter, lawyers must, however, first have competence to use AI. They must know how to properly delegate work to them. For example, should they use a Centaur method or go full Cyborg? From Centaurs To Cyborgs: Our evolving relationship with generative AI (April 24, 2024).

Legal professionals must know all about GPT errors and hallucinations and not be fooled by false claims to the contrary. They should know what kinds of prompts and methods are most likely to generate errors and hallucinations and what to do about it. They should know about basic prompt engineering strategies, including splitting complex tasks.

There are a host of questions raised concerning competence and the use of AI by legal professionals. Here are some of thoughts on competence and the splitting work strategy. It is spoken through an AI image with a Nigerian accented voice that I like. The transcript follows below. Here you will find many questions. None of them have simple answers.

AI generated talking robot with Nigerian accent. The Image image and words are by Ralph Losey

Transcript of the Video

Hello, human friends. Let’s talk about the legal ethics issues inherent in this strategy. In law, you almost always split your work into many different tasks. You have to do that because your work is usually very complicated. Lawyers long ago figured out that the best way to perform complex actions like litigation is to split the work into subtasks. For instance, a lawsuit usually begins with talking to your client. Next, the pleading is prepared and then timely filed with the proper court. Then there may be motions and discovery and arguing to a judge. Ultimately, if the process continues, there may be a trial and then an appeal. Each step is an important part of the whole process of dispute resolution.

In today’s world, there are attorneys that specialize in each of these tasks. Some, for instance, are great at discovery, but not so good at trials. One ethics issue is when a lawyer should bring in another lawyer to help them with one or more of the tasks. What should you do if you are not competent In all parts of litigation? Ethics rules require that a lawyer have the necessary skills and knowledge required to do their work competently. Either that ,or should bring in another lawyer who is competent. For instance, many trial lawyers routinely bring in an appellate law specialist to help with appeals. Sometimes the help will be behind the scenes and the trial lawyer remains in charge. Other times, the appellate lawyer makes an appearance and handles everything, and the trial lawyers take the second chair to just help.

What what happens if a lawyer uses an AI as the expert to handle a particular subtask in which that lawyer is inexperienced, what happens then? Obviously, the AI cannot just take over and appear in court. Not yet anyway, so the human lawyer remains in the first chair, but has a whispering AI expert to help them. That can work, but only if the human checks everything the AI does.

Plus one other key condition must be met. Do you know what that is? The human AI team must together be competent. They must meet the minimum standards of professional skills and knowledge required by legal ethics.

Here are more questions for you to ponder. Could a lawyer bring a GPT chatbot into a court to help them? Could the AI whisper into the lawyer’s ear to give them advice? For instance, could an AI suggest how to respond to a judge’s question? What if the AI also explained the reason for the suggestion to the human lawyer’s satisfaction? How about this? Should the judge allow the AI to speak directly to them? Should the judge ask the AI questions? There are so many new and interesting questions ahead of us.

Could Use of AI Become a Specialty?

Expertise in Artificial intelligence is already a legal specialty for some lawyers. I predict this new specialty in generative types of AI will quickly grow in popularity and importance. It requires significant skill and experience to use generative AI competently. Some argue AI is just a passing fad. It is hard to take those arguments seriously. But others admit it is here to stay, but argue the need for this specialty will quickly pass, that the software will get so good so fast, that there will be no need for AI specialists. Typically there is a economic motive for this argument, as it is usually made by vendors and their experts. But putting motives aside, the argument goes that sometime in the near future the proper use of generative AI, and other forms of AI, will become so easy that any lawyer can use it.

The hard now, but easy soon argument often uses the analogy of Email. They predict that AI use will become like email use. At first, in the eighties and early nineties, only a few tech expert attorneys could send and receive emails, typically through Compuserve, The Source and the like. With the advent of the internet, that became easier. Today almost all attorneys can send and receive emails. The same thing happened with word processing, although perhaps fewer attorneys today are in fact expert at word processing, with many still yearning for the days of tape dictation and secretaries. You know who you are. Many are my friends. I am pretty sure some still have their secretaries print and send emails for them and ask about faxing too. In the medical field, in Florida at least, the use of fax machines is still widespread and often used to send paper medical records. Every medical office uses fax machines all of the time, a few law firms do too. Hey, I studied the patent for fax machines as one of my first assignments as a young lawyer in 1980. Incredible it is still widely used today.

The hard now, but easy soon argument does have some merit. Email is now far easier than it was in 1980 and any attorney can do it. Most do it very well with no training at all. They grew up with it. But, I do not think email and AI are comparable. I was practicing law and began using email in 1980 while the fax machine was still just a patent. As one of the first lawyers to use emails, faxes and word processors (first Wang then WordPerfect), I can say with confidence that these technologies are not at all comparable to artificial intelligence, not even close. So the argument is flawed. Even if you accept exponential change, which I do, I am very skeptical of AI ever becoming so easy that every lawyer can use it, the way they now use email, faxes and word processors.

Artificial intelligence is a far different creature. It is far more complex and far more difficult to learn how to use. For example, look at discovery and the review of paper as opposed to predictive coding review of ESI. Predictive coding is a type of AI – active machine learning for binary classifications. It is easier to use than the new LLM types of generative AI. Yet the vast majority of attorneys still do not use predictive coding. Although to specialists in predictive coding, many of whom have been using it for well over ten years now, it seems pretty darn easy. Admittedly, it did start off challenging, but we figured out the best methods to use predictive coding. In ten years it was so easy as to be boring for me (and many others). That is one reason I moved on to generative AI. It is a breakthrough technology with new challenges and many open ended legal uses, not just discovery.

But look around in the law today. Years after Judge Peck approved the use of predictive coding in Da Silva Moore in 2012, the legal profession has still not fully adopted predictive coding. Most discovery today is still done with keywords (started in the 1980s), or worse yet, discovery is done manually by linear review. Incredible but true. Even worse, a lot of it is still done with paper. You know who you are and you are legion. So please, do not talk to me about AI becoming so easy to use that even a partner can do it. Change is coming much faster than ever before, but it still comes relatively slow in the legal profession. Bottom line, legal specialization in the use of generative AI is here to stay for the next twenty to thirty years, at least.

To summarize, like generative AIs love to do, there are two main reasons that special AI tech skills are here to stay, no matter how fast the software improves. Number one, the improvements in generative AI will create as many new complexities and challenges as they solve. Overall, it will not become easier because the AI will keep on doing new and even more incredible things. Sure, the summary part may be easy, or easier, but what about the new skills that the next versions of AI will do? For example, how will the new expert panels work? The AI judges? The use of AI will change, and fast, and the learning curve will have to speed up too. Only specialists will be able to keep up.

Number two, the parts of generative AI that do become easy in the future, such as, perhaps legal research, will still be better and faster done by specialists. It will be like predictive coding in e-discovery. Although today it is almost boringly simple to specialists, and many could learn it, they do not. The pros still do most of this work even after it has become easy because the specialists are still much faster and make fewer mistakes than the dabblers. Ah the stories on this I could tell, but don’t worry, I wont.

Conclusion

The words in the following avatar video are by Ralph, not an AI. But the image was generated by AI using Ralph’s prompts, so was the voice. A transcript follows the video.

Transcript of the Centaur Video

This is Ralph Losey in one of his avatar forms. I want to conclude this blog with final comments on AI competence and whether AI specialists will continue to be needed in the future.

I am sure the software will improve, GPT5 will be smarter than GPT4. But I am also sure that, in so far as legal use is concerned, as opposed to making a new website or drafting a sales email, the use of AI by lawyers will still require extensive training. It will still require skill and and experience to use competently. There will still be errors and hallucinations, even with next generation AI, especially in the hands of amateur jockeys. That is just how predictive word and image generation works. Perfection is a myth!

Prompt engineering will, for many years to come, be a critical skill for any attorney who wants to use AI as part of their legal work. It will be of great importance, imperative even, for anyone who wants to specialize in the professional use of generative AI. The competency requirement of Rule 1.1 of Model Rules of Professional Conduct, demand it for law. Other professions such as Medicine (AMA Code of Medical Ethics) have similar or even more stringent requirements. AI is a far, far more powerful tool than email and word processing. It must be used skillfully and carefully to avoid harm to your clients.

Dabblers will continue to get sanctioned, specialists will not. Put another way, a little knowledge is a dangerous thing. Goodbye. Have to trot off and talk to my Cyborg, Wilbur! Do you remember him?

Ralph Losey Copyright 2024 — All Rights Reserved


From Centaurs To Cyborgs: Our evolving relationship with generative AI

April 24, 2024

Ralph Losey. Published April 24, 2024.

Centaurs are mythological creatures with a human’s upper body, and a horse’s lower body. They symbolize a union of human intellect and animal strength. In AI technology, Centaurs refers to a type of hybrid usage of generative AI that combines human and AI capabilities. It does so by maintaining a clear division of labor between the two, like a centaur’s divided body. The Cyborgs by contrast have no such clear division and the human and AI tasks are closely intertwined.

A centaur method is designed so there is one work task for the human and another for the AI. For example, creation of a strategy is typically a task done by the human alone. It is separate task for the AI to write an explanation of the strategy devised by the human. The lines between the tasks are clear and distinct, just like the dividing line between the human and horse in a Centaur.

This concept is shown by the above image. It was devised by Ralph Losey and then generated by his AI ChatGPT4 model, Visual Muse. The AI had no part in devising the strategy and no part in the idea of putting the image of a Centaur here. It was also Ralph sole idea to have the human half appear in robotic form and to use a watercolor style of illustration. The AI’s only task was to generate the image. That was the separate task of the AI. Unfortunately, it turns out AI is not good at making Centaurs, especially ones with a robot top, instead of a human head, like the following image.

It made this image after only a few tries. But the first image of the Centaur with a robot top was a struggle. I can usually generate the image I have in mind, often even better than what I first conceived, in just a few prompts. But here, with a half robot Centaur, it took 118 attempts to generate the desired image! I tried many, many different prompts. I even used two different image generative programs, Dall-E and Midjourney. I tried 96 times with Midjourney (it generates fast) and never could get it to make a Centaur with a robot top half. But it did make quite a few funny mistakes, and a few scary ones too. Shown below are a few of the 117 AI bloopers. I note that overall Dall-E did much better that Midjourney, which never did seem to “get it.” The one Dall-E example of a blooper is bottom right, pretty close. The rest are all by Midjourney. I especially like the robot head on the butt of the the sort-of robot horse. It is the bass-ackwards version of what I requested!

After 22 tries with Dall-E I finally got it to make the image I wanted.

The point of this story is that the Centaur method failed to make the Centaur. I was forced to work very closely and directly with the AI to get the image I wanted, I was forced to switch to the Cyborg method. I did not want to, but the Cyborg method was the only way I could get the AI to make a Centaur with a robotic top. Back and forth I went, 118 times. The irony is clear. But there is a deeper lesson here that emerged from the frustration, which I will come back to in the conclusion.

Background on the Centaur and Cyborg as Images of Hybrid Computer Use

The idea to use the Centaur symbol to describe an AI method is credited to chess grand master, Garry Kasparov. He is famous in AI history for his losing battle in 1997 with IBM’s Deep Blue, He retired from chess competition immediately thereafter. Kasparov returned a few years later with computer in hand, with the idea that man and computer could beat any computer alone. It worked, a redemption of sorts. Kasparov ended up calling this Centaur team chess, where human-machine teams play each other online. It is still actively played today. Many claim it is still played at a level beyond that of any supercomputer today, although this is untested. See e.g. The Real Threat From ChatGPT Isn’t AI…It’s Centaurs (PCGamer, 2/13/23).

The use of the term Centaur was expanded and explained by Harvard Professor, Soroush Saghafian, in his article Effective Generative AI: The Human-Algorithm Centaur (Harvard DASH, 10/2023). He explains the hybrid relationship as one where the unique powers of intuition of humans are added to those of artificial intelligence. In a medical study he did at his Harvard lab with the Mayo Clinic they analyzed the results of doctors using LLM AI in a centaur-type model. The goal was to try to reduce readmission risks for a patients who underwent organ transplants.

We found that combining human experts’ intuition with the power of a strong machine learning algorithm through a human-algorithm centaur model can outperform both the best algorithm and the best human experts. . . .

In this article, we focus on recent advancements in Generative AI, and especially in Large Language Models (LLMs). We first present a framework that allows understanding the core characteristics of centaurs. We argue that symbiotic learning and incorporation of human intuition are two main characteristics of centaurs that distinguish them from other models in Machine Learning (ML) and AI. 

Id. at pg. 2  

The Cyborg model is a slightly different in that man and machine work even more closely together. The concept of a cyborg, a mechanical man, also has its origins with the ancient Greek myths: Talos. He was supposedly a giant bronze mechanical man built by Hephaestus, the Greek god of invention, blacksmithing and volcanos. The Roman equivalent God was Vulcan, who was supposedly ugly, but there are no stories of his having pointy ears. You would think that techies might seize upon the name Vulcan, or Talos, to symbolize the other method of hybrid AI use, where tasks are closely connected. But they did not, they went with the much more modern day term – Cyborg.

The word was first coined in 1960 (before StarTrek) by two dreamy AI scientists who combined the root words CYBernetic and ORGanism to describe a being with both organic and biomechatronic body parts. Here is Ralph Losey’s image of a Cyborg, which, again ironically, he created quickly with a simple Centaur method in just a few tries. Obviously the internet, which trained these LLM AIs, has many more cyborg-like android images than centaurs.

More On the Cyborg Method

The Cyborg method supposedly has no clear cut divisions between human and AI work, like the Centaur. Instead, Cyborg work and tasks are all closely related, like a cybernetic organism. People and ChatGPTs usual say that the Cyborg approach involves a deep integration of AI into the human workflow. The goal is a blend where AI and human intelligences constantly interact and complement each other. In contrast to the Centaur method, the Cyborg does not distinctly separate tasks between AI and humans. For instance, in Cyborg a human might start a task, and AI might refine or advance it, or vice versa. This approach is said to be particularly valuable in dynamic environments where continuous adaptation and real-time collaboration between human and AI are crucial. See e.g. Center for Centaurs and Cyborgs OpenAI GPT version (Free GPT version by Community Builder that we recommend. Try asking it more about Cyborgs and Centaurs). Also see: Emily Reigart, A Cyborg and a Centaur Walk Into an Office (NAB Amplify, 9/24/23); Ethan Mollick, Centaurs and Cyborgs on the Jagged Frontier: I think we have an answer on whether AIs will reshape work (One Useful Thing, 9/16/23).

Ethan Mollick is a Wharton Professor who is heavily involved with hands-on AI research in the work environment. To quote the second to last paragraph of his article (emphasis added):

People really can go on autopilot when using AI, falling asleep at the wheel and failing to notice AI mistakes. And, like other research, we also found that AI outputs, while of higher quality than that of humans, were also a bit homogenous and same-y in aggregate. Which is why Cyborgs and Centaurs are important – they allow humans to work with AI to produce more varied, more correct, and better results than either humans or AI can do alone. And becoming one is not hard. Just use AI enough for work tasks and you will start to see the shape of the jagged frontier, and start to understand where AI is scarily good… and where it falls short.

Asleep at the Wheel

Obviously, falling asleep at the wheel is what we have seen in the hallucinating AI fake citations cases. Mata v. Avianca, Inc., 22-cv-1461 (S.D.N.Y. June 22, 2023) (first in a growing list of sanctioned attorney cases). Also see: Park v. Kim, 91 F.4th 610, 612 (2d Cir. 2024). But see: United States of America v. Michael Cohen (SDNY, 3/20/24) (Cohen’s attorney not sanctioned. “His citation to non-existent cases is embarrassing and certainly negligent, perhaps even grossly negligent. But the Court cannot find that it was done in bad faith.”)

These lawyers were not only asleep at the wheel, they had no idea what they were driving, nor that they needed a driving lesson. It is not surprising they crashed and burned. It is like the first automobile drivers who would instinctively pull back on the steering wheel in an emergency to get their horses to stop. That may be the legal profession’s instinct as well, to try to stop AI, to pull back from the future. But it is shortsighted, at best. The only viable solution is training and, perhaps, licensing of some kind. These horseless buggies can be dangerous.

Skilled legal professionals who have studied prompt engineering, either methodically or through a longer trial and error process, write prompts that lead to fewer mistakes. Strategic use of prompts can significantly reduce the number and type of mistakes. Still, surprise errors by generative AI cannot be eliminated altogether. Just look at the trouble I had generating a half robot Centaur. LLM language and image generators are masters of surprise. Still, with hybrid prompting skills the surprise results typically bring more delight than fright.

That was certainly the case in a recent study by Professor Ethan Mollick and several others on the impact of AI hybrid work. Navigating the Jagged Technological Frontier: Field Experimental Evidence of the Effects of AI on Knowledge Worker Productivity and Quality (Harvard Business School, Working Paper 24-013). I will write a full article on this soon. As a quick summary, researchers from multiple schools collaborated with the Boston Consulting Group and found a surprisingly high increase in productivity by consultants using AI. The study was based on controlled tests of a AI hybrid team approach to specific consulting work tasks. The results also showed that, even though the specific work tasks tested were performed much faster, the quality was maintained, and for some consultants, increased significantly.

Although we do not have a formal study yet to prove this, it is the supposition of most everyone in the legal profession that is now using AI, that lawyers can also improve productivity and maintain quality. Of course, careful double-checking of AI work product is required to catch errors to maintain quality. This applies not only the obvious case hallucinations, but also to what Professor Mollick called AI’s tendency to be “homogenous and same-y in aggregate” writing. Also See: Losey, Stochastic Parrots: How to tell if something was written by an AI or a human? (common “tell” words used way too often by generative AIs). Lawyers who use AI attentively, without over-delegation to AI, can maintain high quality work, meet all of their ethical duties, and still increase productivity.

The hybrid approach to use of generative AI, both Centaur and Cyborg, have been shown to significantly enhance consulting work. Many legal professionals using AI are seeing the same results in legal work. Lawyers using AI properly can significantly increase productivity and maintain quality. For most of the Boston Consulting Group consultants tested, their quality of work actually went up. There were, however, a few exceptional outliers whose test quality was already at the top. The AI did not make the work of these elite few any better. The same may be true of lawyers.

Transition form Centaur to Cyborg

Experience shows that lawyers who do not use AI properly, typically by over-delegation and inadequate supervision, may increase productivity, but do so at the price of increased negligent output. That is too high a price. Moreover, legal ethics, including Model Rule 1.1, requires competence. I conclude, along with most everyone in the legal profession, that stopping the use of AI by lawyers is futile, but at the same time, we should not rush into negligent use of this powerful tool. Lawyers should go slow and delegate to AI on a very limited basis at first. That is the Centaur approach. Again, like most everyone else, my opinion is to start slow and begin to use AI in a piecemeal fashion. For that reason you should begin now and avoid death by committee, or as lawyers like to call it, paralysis by analysis.

Then, as your experience and competence grows, slowly increase your use of generative AI and experiment with applying it to more and more tasks. You will start to be more Cyborg like. Soon enough you will have the AI competitive edge that so many outside experts over-promise.

Vendors and outside experts can be a big help in implementing generative AI, but remember, this is your legal work. For software, look at the subscription license terms carefully. Note any gaps between what marketing promises and the superseding agreements deliver. Pick and choose your generative AI software applications carefully. Use the same care in picking the tasks to begin to implement official AI usage. You know your practice and capabilities better than any outside expert offering cookie-cutter solutions.

Use the same care and intelligence in selecting the best, most qualified people in your firm or group to train and investigate possible purchases. Here the super-nerds should rule, not the powerful personalities, nor even necessarily the best attorneys. New skill sets will be needed. Look for the fast learners and the AI enthusiasts. Start soon, within the next few months.

Conclusion

According to Wharton Professor Ethan Mollick, secret use and false claims of personal work product have already begun in many large corporations. In his YouTube at 53:30 he shares a funny story of a friend in a big bank. She secretly uses AI all of the time to do her work. Ironically, she was the person selected to write a policy to prohibit the use of AI. She did as requested, but did not want to be bothered to do it herself, so she directed a GPT on her personal phone do it. She sent the GPT written policy prohibiting use of GPTs to her corporate email account and turned it in. The clueless boss was happy, probably impressed by how well it was written. Mollick claims that secret, unauthorized use of AI in big corporations is widespread.

This reminds me of the time I personally heard the GC of a big national bank, now defunct, proudly say that he was going to ban the use of email by his law department. We all smiled, but did not say no to mister big. After he left, we LOL’ed about the dinosaur for weeks. Decades later I still remember it well.

So do not be foolish or left behind. Proceed expeditiously, but carefully. Then you will know for yourself, from first-hand experience, the opportunities and the dangers to look out for. And remember, no matter what any expert may suggest to the contrary, you must always supervise the legal work done in your name.

There is a learning curve in the careful, self-knowledge approach, but eventually the productivity will kick in, and with no loss of quality, nor embarrassing public mistakes. For most professionals, there should also be an increase in quality, not just quantity or speed of performance. In some areas of practice, there may be both a substantial improvement in productivity and quality. It all depends on the particular tasks and the circumstances of each project. Lawyers, like life, are complex and diverse with ever changing environments and facts.

My image generation failure is a good example. I expected a Centaur like delegation to AI would result in a good image of a Centaur with a robotic top half. Maybe I would need to make a few adjustments and tries, but I never would have guessed I would have to make 118 attempts before I got it right. My efforts with Visual Muse and Midjourney are typically full of pleasant surprises, with only a few frustrating failures. (Although the failure images are sometimes quite funny.) So I was somewhat surprised to have to spend an hour to bring my desired cyber Centaur to life. Somewhat, but not totally surprised. I know from experience that just happens sometimes with generative AI. It is the nature of the beast. Some uncertainty is a certainty.

As is often the case, the hardship did lead to a new insight into the relationship between the two types of hybrid AIs — Centaur and Cyborg. I realized they are not a duality, but more of a skill-set evolution. They have different timings, purposes and require different prompting skill levels. On a learning curve basis, we all start as Centaurs. With experience we slowly become more Cyborg like. We can step in with close Cyborg processes when the Centaur approach does not work well for some reason. We can cycle in and out between the two hybrid approaches.

There is a sequential reality to first use. Our adoption of generative AI should begin slowly, like a Centaur, not a Cyborg. It should be done with detachment and separation into distinct, easy tasks. Also you should start with the most boring repetitive tasks first. See eg. Ralph Losey’s GPT model, Innovation Interviewer (work in progress, but available at the ChatGPT store).

Our mantra as a beginner Centaur should be a constant whisper of trust, but verify. Check the AI work, learn the mistakes and impose policy and procedures to guard against them. That is what good Centaurs do. But as personal and group expertise grows, the hybrid relations will naturally grow stronger. We will work closer and closer with AI over time. It will be safe and ethical to speed up because we will learn its eccentricities, its strengths and weaknesses. We will begin to use AI in more and more work tasks. We will slowly, but surely, transform into a cyborg work style. Still, as legal professionals, our work will be ever mindful of our duties to client and courts.

More machine attuned than before, we will become like Cyborgs, but still remain human. We will step into a Cyborg mind-set to get the job done, but will bring our intuition, feelings and other special human qualities with us.

I agree with Ray Kurzweil that we will ultimately merge with AI, but disagree that it will come by nanobots in your blood or other physical alterations. I think it is much more likely to come from wearables, such as special glasses and AI connectivity devices. It will be more like the 2013 movie HER, which is Sam Altman’s favorite, with an AI operating system and constant companion cell-phone (the inseparable cell phone part has already come true). It will, I predict, be more like that, than the wearables shown in the Avengers movies, the Tony Stark flying Iron Man suit.

But probably it will look nothing like either of those Hollywood visions. The real future has yet to be invented. It is in your hands.

Ralph Losey Copyright 2024. — All Rights Reserved


Plato and Young Icarus Were Right: do not heed the frightening shadow talk giving false warnings of superintelligent AI – Part One

December 5, 2023

Ralph Losey. Published December 5, 2023.

Advanced intelligence from AI should be embraced, not feared. We should speed up AI development, not slow it down. We should move fast and fix things while we still can. Fly Icarus, fly! Your Dad was wrong.

Plato’s Allegory of the Cave and the Mere Shadow Story of the Traditional Icarus Myth

Plato rejected the old myths and religion of ancient Greece, including that of Daedalus and Icarus, to embrace reason and science. Ironically, this myth is now relied upon by contemporary scientists like Max Tegmark as propaganda to try to stop AI development. Icarus supposedly perished by using the wings invented by his father, Daedalus, when he tried to fly to the sun. In this discouraging tale, Icarus did not make it to the sun. This myth is of a son’s supposed hubris to ignore his father’s warning not to fly so high. The reliance today on this myth to instill fear of great progress is misplaced. Here I present an alternative ending in accord with Plato where the father is encouraging, and the son makes it to the sun. In my rewrite, Daedalus’ invention succeeds beyond his wildest dreams. Icarus bravely flys to the sun and succeeds. He attains superintelligence and safely returns home, transformed, well beyond the low IQ cave.

This alternative is inspired by Plato and his Allegory of the Cave, where he prompts Socrates to chat about a prisoner stuck his whole life in a cave. In this cave everyone mistakes for reality the shadows on the wall cast by a small fire. The cave in my mixed retelling represents limited human intelligence, unaugmented by AI superintelligence. Eventually, one person is able to escape the cave, here that is Icarus, and he is illuminated by the light of the Sun. He attains freedom and gains previously unimaginable insights into reality. He links with superintelligence. It is bravery, not hubris, to seek the highest goals of intellectual freedom.

The illustrations here express this theme in several artistic styles, primarily classical, impressionistic, digital and surrealistic. They were created using my GPT plugin, Visual Muse.

Image of successful Icarus in combined digital impressionistic style using Visual Muse.

The myth of Icarus, where the wings melt and he dies in his quest, is a fear-based story meant to scare children into obedience. The myth is ancient propaganda to maintain control and preserve the status quo, to con people into being satisfied with what they have and seek nothing better. It is disturbing to see the otherwise brilliant, MIT scientist, Max Tegmark, invoke this myth to conclude his recent Ted Talk. His speech tries to persuade people to fear superintelligent AI and support the slow down of development of AI, lest it kill us all! Tegmark preaches contentment with the AI we already have, that we must stop now, and not keep going to the sun of AGI and beyond. He speaks from his limited shadow knowledge as a frightened father of the AI Age. Relax Max, your children will make the journey no matter what you say. Youth is bold. Have confidence in the new AI you helped to invent.

Excerpt from How to Keep AI Under Control, Max Tegmark, TED Talk at 11:39-12:03

Like many others, I say we must keep going. After millennia of efforts and trust in reason, we must not lose our nerve now. We must fly all the way to the sun and return enlightened.

The reliance today on the failed invention myth of Icarus is misplaced. We should not stoke public fear of the unknown to prevent change. These arguments at the end of the careers of otherwise genius scientists like Max Tegmark are unworthy. They should remember the inspiration of their youth, when they boldly began to promote the wings of super intelligence.

Sadly, Geoffrey Hinson, the great academic who first invented the wings of generative AI, has also turned back on the brink of success. In 2023, as his wings finally took flight, he stopped work, left his position at Google and assumed the role of Casandra. Since the summer of 2023 he now only speaks of doom and gloom, if construction of his wings are completed. See e.g. “Godfather of AI” Geoffrey Hinton: The 60 Minutes Interview.

Neither one of these genius scientists seem to grasp the practical urgency of the world’s present needs. We cannot afford to wait. Civilization is falling and the environment is failing. We must move fast and fix things.

Plato was right to reject these fear based myths, to instead encourage progress and the brave journey to the bright light of reason. There is far more to fear from misguided human intelligence in the present, than from any superintelligence in the future.

Plato and Socrates teach us to embrace intelligence, to embrace the light, not fear it. Plato’s Allegory of the Cave is the cornerstone of Western Civilization, the culture that led to the inventions of AI. Plato teaches that:

  • Superstitious myths like Daedalus and Icarus are just the shadows on the cave wall.
  • We should reject the old gods of fear and embrace reason and dialogue instead. (Socrates was killed for that assertion.)
  • It is bravery, not hubris, to seek escape from the cave of dimwitted cultural consensus.
  • Human intelligence is but a dim firelight, and for that reason, our beliefs of reality, such as belief in “Terminator AIs,” are mere shadows on the wall.

Plato urged humans to escape their prison of limited intelligence and boldly leave the cave, to discover the Sun outside, to embrace superintelligence. See e.g. The Connection Between Plato’s Cave Allegory and Electronic Discovery Law.

Leaving Plato’s cave of limited, unaugmented human intelligence. Digital futuristic style image using Visual Muse.
Combined digital futurism and surrealistic fantasy style image of Plato’s Cave using Visual Muse.

The path of reason is open to all who grasp the clear and present dangers of the status quo, of continued life in the cave without the light of AGI. We should follow the guidance of Plato and Socrates, not that of the fearful shadow myth of Daedalus and Icarus. We should fly to the sun and embrace superintelligence, not shy away from it in fear. We should boldly go where no Man has gone before, find superintelligence, use it, merge with it and become one with the Sun. It will not burn, it will enlighten.

The guiding light of superintelligence is represented by the Sun in digital futurism style using Visual Muse.

Then, following Plato’s allegory, we will return back to the cave, still one with AGI, and speak with those imprisoned within, those blinded by their own human limitations. We will return to try to help them to escape, help them free themselves from shadow-based fears and drudgery, help them to see the light and link with super AI. We will return with hybrid AGI to help free mankind, not kill everyone as the shadows readers declare. They are afraid of their own shadows.

Speed Up AI Before It’s Too Late

Unfortunately, the speed up position expressed here is currently a minority view, but there are a few brave scientists willing to speak up and support the no-fear, accelerationist position. The image of Hermes, the Greek messenger god, known for his speed and cleverness, seems appropriate to many.

Hermes running to the Sun in Digital Futurism style using Visual Muse.

The stop or slow down AI development proponents are, in the opinion of many, very naive. It cannot be stopped. The militaries of the world are fearful of falling behind. Based on what I see the fear of super AI in the wrong hands is justified. Fear the people, not the tools.

Hermes in pencil sketch style using Visual Muse.

Moreover, the world is already such a mess, especially with the ongoing environmental damages, that we have no choice but to seek the help of advanced AI to help fix this. Move fast and fix things should be the new motto. The world is already broken. Adding more intelligence to the mix is likely to help, not make things worse. We need superintelligence to clean up the incredible mess created by human stupidities.

Like many others, I have sincere concerns about how we’re going to survive the coming years without the help of AGI. The train to world destruction has already left the station, we have no choice but to take whatever measures are necessary to try stop the train wreck. Future generations are depending upon us. No one can figure out how to do it now with the tools we have. We need new tools of superintelligence to help us to figure a way out.

Futuristic digital style image using Visual Muse of AI robots repairing environmental damage.

There are a number of other other reasons that it would be a mistake to slow down now, some of which will be addressed next through the word of other scientists who agree with the keep on accelerating position. But before I switch to their wisdom in Part Two of this article, I must point out another fundamental error made by some of the slow-downers. They seem guilty of thinking of AI as a creature, not a tool. Not only that, but they think of it as an immoral creature, which, although superintelligent, still thinks nothing of wiping out us puny humans. Oh, please. That is a fanciful misinterpretation of evolution. See e.g. The Insights of Neuroscientist Blake Richards.

AI is just a tool, not a creature! The fear mongers falsely assume that superintelligence will magically turn computers into creatures. That is so wrong. Moreover, the next thought that the superintelligent entity we created would then want to destroy the world, or worse, do so by accident, is laughably absurd. That is how fearful humans behave, not superintelligent computers.

Final thought is a concession to the other side of the debate. There definitely is need for some regulation of AI and AGI. No one disputes that. But regulation should not include an intentional slow down or pause of technological development. It is impossible to do that anyway, and most regulators in the U.S. understand that. See: White House Obtains Commitments to Regulation of Generative AI from OpenAI, Amazon, Anthropic, Google, Inflection, Meta and Microsoft.

But we can pause the conclusion of this blog for a few days and so here ends Part One.

Coming next, in Part Two, the work and words of several AI leaders who support the “move fast and fix things” view will be shared. In the meantime friends, do not be put off by all the naysayers out there. Keep using AI and keep reaching for the sun.

Minimalist line art style using Visual Muse.

Ralph Losey Copyright 2023 – All Rights Reserved


Abraham Lincoln, America’s First Tech-Lawyer

February 19, 2023

Ralph Losey. Published February 19, 2023.

Abraham Lincoln was born on February 12, 1809. He was probably our greatest President. Putting aside the tears honest Abe would likely shed over the political scene today, it is good to remember Lincoln as an exemplar of a U.S. lawyer. All lawyers would benefit from emulating aspects of his Nineteenth Century legal practice and Twenty First Century thoughts on technology. He was honest, diligent, a deep thinker and ethical. He did not need to be lectured on Cooperation and Rule 1. He also did not need to be told to embrace technology, not hide from it. In fact, he was a prominent Tech-Lawyer of his day, well known for his speaking abilities on the subject.

He was also a man with a sense of humor who knew how to enjoy himself. I think he would have approved of the video below. I made this of him using GPT technologies to express one of my life mottoes, inspired by him. He is a personal hero. Did you know he had a high pitched voice? Here I try to imitate what he might have sounded like. There are no recordings of his speech, just written accounts.

Lincoln in his lawyer phase

 

Near the end of his legal career Abe was busy pushing technology and his vision of the future. Sound familiar dear readers? It should. Many of you are like that. I know I am.

Lincoln Was a Technophile

Lincoln was as obsessed with the latest inventions and advances in technology as any techno-geek e-discovery lawyer alive today. The latest things in Lincoln’s day were mechanical devices of all kinds, typically steam-powered, and the early electromagnetic devices, then primarily the telegraph. Indeed, the first electronic transmission from a flying machine, a balloon, was a telegraph sent from inventor Thaddeus Lowe to President Lincoln on June 16, 1861. Unlike Lincoln’s generals, he quickly realized the military potential of flying machines and created an Aeronautics Corps for the Army, appointing Professor Lowe as its chief. See Bruce, Robert V., Abraham Lincoln and the Tools of War. Below is a copy of a handwritten note by Lincoln introducing Lowe to General Scott.

At the height of his legal career, Lincoln’s biggest clients were the Googles of his day, namely the railroad companies with their incredible new locomotives. These newly rich, super-technology corporations dreamed of uniting the new world with a cross-country grid of high speed transportation. Little noticed today is one of Lincoln’s proudest achievements as President, the enactment of legislation that funded these dreams, the Pacific Railway Act of 1862. The intercontinental railroad did unite the new world, much like the Internet and airlines today are uniting the whole world. A lawyer as obsessed with telegraphs and connectivity as Lincoln was would surely have been an early adopter of the Internet and an enthusiast of electronic discovery.  See: Abraham Lincoln: A Technology Leader of His Time (U.S. News & World Report, 2/11/09). No doubt he would be using Chat GPT to help with his mundane paperwork (but not his speeches).

Abraham Lincoln loved technology and loved to think and talk about the big picture of technology, of how it is used to advance the dreams of Man. In fact, Lincoln gave several public lectures on technology, having nothing to do with law or politics. The first such lecture known today was delivered on April 6, 1858, before the Young Men’s Association in Bloomington, Illinois, and was entitled “Lecture on Discoveries and Inventions.” In this lecture, he traced the progress of mankind through its inventions, starting with Adam and Eve and the invention of the fig leaf for clothing. I imagine that if he were giving this speech today (and I’m willing to try to replicate it should I be so invited) he would end with AI and blockchain.

In Lincoln’s next and last lecture series first delivered on February 11, 1859, known as “Second Lecture on Discoveries and Inventions,” Lincoln used fewer biblical references, but concentrated instead on communication. For history buffs, see the complete copy of Lincoln’s Second Lecture, which, in my opinion, is much better than the first. Here are a few excerpts from this little known lecture:

The great difference between Young America and Old Fogy, is the result of Discoveries, Inventions, and Improvements. These, in turn, are the result of observation, reflection and experiment.

Writing – the art of communicating thoughts to the mind, through the eye – is the great invention of the world. Great in the astonishing range of analysis and combination which necessarily underlies the most crude and general conception of it, great, very great in enabling us to converse with the dead, the absent, and the unborn, at all distances of time and of space; and great, not only in its direct benefits, but greatest help, to all other inventions.

I have already intimated my opinion that in the world’s history, certain inventions and discoveries occurred, of peculiar value, on account of their great efficiency in facilitating all other inventions and discoveries. Of these were the arts of writing and of printing – the discovery of America, and the introduction of Patent-laws.

Can there be any doubt that the lawyer who wrote these words would instantly “get” the significance of the total transformation of writing, “the great invention of the world,” from tangible paper form, to intangible, digital form?  Can there be any doubt that a lawyer like this would understand the importance of the Internet, the invention that unites the world in a web of inter-connective writing, where each person may be a printer and instantly disseminate their ideas “at all distances of time and of space?”

Abraham Lincoln did not just have a passing interest in new technologies. He was obsessed with it, like most good e-discovery lawyers are today. In the worst days of the Civil War, the one thing that could still bring Lincoln joy was his talks with the one true scientist then residing in Washington, D.C., the first director of the Smithsonian Institution, Dr. Joseph Henry, a specialist in light and electricity. Despite the fact that Henry’s political views were anti-emancipation and virtually pro-secession, Lincoln would sneak over to the Smithsonian every chance he could get to talk to Dr. Henry. Lincoln told the journalist, Charles Carleton Coffin:

My visits to the Smithsonian, to Dr. Henry, and his able lieutenant, Professor Baird, are the chief recreations of my life…These men are missionaries to excite scientific research and promote scientific knowledge. The country has no more faithful servants, though it may have to wait another century to appreciate the value of their labors.

Bruce, Lincoln and the Tools of War, p. 219.

Lincoln was no mere poser about technology and inventions. He walked his talk and railed against the Old Fogies who opposed technology. Lincoln was known to be willing to meet with every crackpot inventor who came to Washington during the war and claimed to have a new invention that could save the Union. Lincoln would talk to most of them and quickly separate the wheat from the chaff. As mentioned, he recognized the potential importance of aircraft to the military and forced the army to fund Professor Lowe’s wild-eyed dreams of aerial reconnaissance. He also recognized another inventor and insisted, over much opposition, that the army adopt his new invention: Dr. Richard Gatling. His improved version of the machine gun began to be used by the army in 1864, and before that, the Gattling guns that Lincoln funded are credited with defending the New York Times from an invasion by “anti-draft, anti-negro mobs” that roamed New York City in mid-July 1863. Bruce, Lincoln and the Tools of War, p. 142.

As final proof that Lincoln was one of the preeminent technology lawyers of his day, and if he were alive today, surely would be again, I offer the little known fact that Abraham Lincoln is the only President in United States history to have been issued a patent. He patented an invention for “Buoying Vessels Over Shoals.” It is U.S. Patent Number 6,469, issued on May 22, 1849. I could only find the patent on the USPTO web, where it is not celebrated and is hard to read. So as my small contribution to Lincoln memorabilia in the bicentennial year of 2009, I offer the complete copy below of Abraham Lincoln’s three page patent. You should be able to click on the images with your browser to enlarge and download.


The invention consisted of a set of bellows attached to the hull of a ship just below the water line. After reaching a shallow place, the bellows were to be filled with air that buoyed the vessel higher, making it float higher and off the river shoals. The patent application was accompanied with a wooden model depicting the invention. Lincoln whittled the model with his own hands. It is on display at the Smithsonian and is shown below.

Conclusion

On President’s Day 2023 it is worth recalling the long, prestigious pedigree of Law and Technology in America. Lincoln is a symbol of freedom, emancipation. He is also a symbol of Law and Technology.  If Abe were alive today, I have no doubt he would be, among other things, a leader of Law and Technology.

Stand tall friends. We walk in long shadows and, like Lincoln, we shall overcome the hardships we face. As Abe himself was fond of saying: down with the Old Fogies; it is young America’s destiny to embrace change and lead the world into the future. Let us lead with the honesty and integrity of Abraham Lincoln. Nothing less is acceptable.

Ralph Losey Copyright 2024. — All Rights Reserved