Will AI Take Your Job?
Artificial intelligence tools have made waves this year with their remarkable speed and apparent utility. What impact will they have on trademark work? Peter Scott finds out.
During the industrial revolution in the 19th century, many were concerned that new technology might replace human beings in the workplace. The Luddites, today shorthand for anyone opposed to technological progress, were in the early 1800s a radical group of English textile workers who destroyed the new machinery that threatened to replace their jobs.
Like most such historical efforts at holding back technological progress, the Luddites failed, and their jobs disappeared, permanently.
Today, the AI technological revolution is less about physical replacement of manual labor (though it is about that too, to an extent) and more about what are thought of as ‘high-skilled’ professions. A paper released in March 2023 by Joseph Briggs and Devesh Kodnani of Goldman Sachs (USA), found that the legal profession was among the most exposed to the latest wave of AI tools.
“We estimate that one-fourth of current work tasks could be automated by AI in the US, with particularly high exposures in administrative (46 percent) and legal (44 percent) professions and low exposures in physically intensive professions such as construction (6 percent) and maintenance (4 percent),” the paper said. Alongside that potential automation of tasks, the authors estimate that nearly all remaining elements of legal work will be susceptible to being complemented by AI in the future.
While there are several competing AI solutions in the market at the moment, available to the general public for free or for a relatively modest fee, including notable efforts from Google and Microsoft, the one that has made the most impact in the popular imagination is OpenAI’s (USA) ChatGPT. It was initially launched to the public as a prototype in November 2022, but since March this year, an even more sophisticated solution, GPT4, has been made available.
“Don’t look for a hack because the human element will continue to be needed.”
- Wade Younger | Armstrong Wolfe Advisory (USA)
Test Driving
When it comes to branding work, GPT4 generates interesting results. I asked it to “come up with a name for a new soft drinks product targeted at office workers to assist with attention, wellbeing, and enjoyment. Please also come up with a tagline for the product to be used in advertising.”
GPT4’s instant reply: “Introducing: MindFizz. Tagline: Energize, Revitalize, Delight - Unleash Your Workday Potential!”
Whether that’s a good example of name creation and branding is, of course, open to debate, but it’s not hard to see how it could save a huge amount of time. I then asked it to come up with five alternatives. Immediately it replied:
“Name: "CereBrew"
Tagline: "Unlock Clarity, Embrace Serenity, Savor the Flavor"
Name: "FocusSplash"
Tagline: "Wave Goodbye to Fatigue, Dive into Productivity"
Name: "Zentonic"
Tagline: "Enliven Your Mind, Awaken Your Senses, Harmonize Your Day"
Name: "Effervessa"
Tagline: "Effervescent Elixir for the Modern Workforce"
Name: "NeuroPop"
Tagline: "Elevate Your Thoughts, Boost Your Wellbeing, Sip Your Joy"”
Are these ‘good’ brand names and taglines? Perhaps not. Could such an exercise save time for those involved in brand work by kick-starting name-creation projects? Possibly. And with a more guided, precise prompt, there’s no doubt that GPT4 could at the very least provide a useful shortlist of options for consideration of the sort that might take a team far longer to achieve.
Brainstorming Partner
Indeed, it is this function as a “brainstorming partner” that Peter Van Dyck, Partner, Allen & Overy LLP (Belgium) highlights as being particularly useful in his trademark legal work. Allen & Overy has integrated an AI tool called Harvey, developed by Harvey.ai (USA), into its day-to-day operations, and, Mr. Van Dyck said, the results have been very positive.
Harvey is based on GPT4, but with important differences, including limitations on some of the “playful things” you can do with GPT4 and enhancements around access to specific legal databases and information, he explained.
Since adopting the technology in February 2023 (PricewaterhouseCoopers LLP (UK) followed a month later), approximately 3,500 lawyers at Allen & Overy are using it in their work “on an almost daily basis.”
Mr. Van Dyck explained how he uses the tool in his own transactional and litigation practices. On litigation research, it can be a “sparring partner,” he said. “When you've got one of these questions that frankly, you don't really know where to start.”
“In the past, you would go to the library, you would take X number of books, or you would go to a legal database and start typing away keywords. The AI allows you to simply ask the question or put in the problem you have, and it will give you a direction to look in. It won't always be 100 percent but it's an extremely useful brainstorming partner.”
The other big area in which Mr. Van Dyck uses Harvey is in his transactional work; specifically when it comes to drafting contracts. “What you usually do when you draft one of these agreements is that you take one of the precedents that you've collected over the years, or templates that you may have drafted or somebody else in the firm has drafted, and you start working on that basis,” he explained. This provides a good start, but the pool you have to draw on is necessarily limited. “What I use Harvey a lot for is whenever I have some kind of a draft clause that could be improved, or if I'm not quite convinced about my templates. I’ll just ask Harvey to give me say, five alternative clauses on this topic, and it will automatically come up with five, well-drafted clauses, that exactly point to that specific topic,” he continued.
Importantly, it’s not just a case of transposing the finished clauses from Harvey into the contract. “I'll always tweak them, or maybe use them to tweak my own clauses or for my templates,” Mr. Van Dyck says, “but it allows you to look at such a wide pool of drafting of clauses and allows you to consider points that you might not have considered based on the limited pool that you have yourself.”
“A very big part of my practice is accompanying and reassuring clients and not only giving legal advice.”
- Catherine Mateu | Armengaud Guerlain (France)
Proceed with Caution
While some firms and many individual lawyers are enthusiastically embracing AI, others are less confident in the technology as it stands. One member of a large global firm indicates the firm’s policy with regard to AI is to not incorporate AI into workflow based on risks with respect to confidentiality, hacking risks, and accuracy of the information provided.
Mr. Van Dyck noted that accuracy can be an issue and highlighted his view that “we have a professional duty to triple check the results that come out of that, no matter how good it is. You can't trust it.”
That view is supported by Bárbara Porcario, attorney at Achaval, Porcario, San Juan (Argentina), who notes that in her experience, “AI is not yet ready to replace legal advice.” Ms. Porcario is Vice Chair of INTA’s Emerging Issues committee, and one of its subcommittees, the Artificial Intelligence Subcommittee, is currently looking into the potential effects of generative AI on the IP profession, with findings expected soon.
So, Will AI Take Your Job?
If the Goldman Sachs research is correct, and 46 percent of legal work is vulnerable to being automated by AI, that could have profound implications for legal professionals, both in terms of the work they do but also in purely numerical terms. Would a 46 percent reduction in the tasks that people need to do result in a 46% reduction in the number of lawyers required?
Wade Younger, Armstrong Wolfe Advisory (USA), is a leadership coach and futurist who specializes in technology disruption and leadership. In his view, generative AI “will eliminate some jobs” in the same way that the invention of the personal computer eventually eliminated typewriter repair as a job. However, he said, it’s important to remember that GPT4 is “just a tool.”
In Mr. Younger’s opinion, generative AI doesn’t change the fundamentals of what organizations need in terms of values, leadership, and even people. “Don’t look for a hack,” he said, “because the human element will continue to be needed,” but conversely, make sure you “tool up,” since the threat to jobs comes not from the technology itself, but from people who use it well.
Catherine Mateu is a partner at Armengaud Guerlain (France) and Chair of the Emerging Issues committee. She highlighted that, even if AI is able to perform some of the tasks of a lawyer in the future, the important work of law is often first and foremost about personal relationships with clients. “A very big part of my practice is accompanying and reassuring clients and not only giving legal advice, but some tailored subjective advice and support on how to handle claims, how to negotiate contracts, what, for instance, to push on in terms of exclusivity or improvement and that is very much business-type and psychological advice,” she observed.
So, if lawyers with strong client relationships capable of giving bespoke, holistic advice are probably safe, what about those at more junior levels, who at the moment might be cutting their teeth on the tasks that in time may be done by AI?
Ms. Porcario admits the question is challenging but observed that senior lawyers need their juniors not just to complete drafting or research tasks, but for “big ideas and out of the box thinking.” Ms. Mateu further mentioned that the younger generation often has technology skills that the senior practitioners do not.
Where the changes may come, Mr. Van Wyck said, is that “commoditized work” may become less valuable, and the firms which succeed will be those that focus on offering “value added” work.
Maintaining your edge in such an environment requires, in Mr. Younger’s words, “thinking about what you think about.” AI will never “have an experience,” he observed. AI is “inhale information, exhale result.” In contrast, human beings will always be able to bring more to the table, including in how they interact with the AI tools available (so called prompt engineering). For Mr. Younger, the mantra should be: “Be a critical thinker, be a system thinker, be a creative thinker, be an innovative thinker, which all starts from introspection, thoughts, creating choices, which create behavior, which creates experience, which creates emotion, which creates new thoughts.”
The last word should perhaps go to GPT4 itself. When asked what elements of a trademark lawyer’s job it could help with, it highlighted a long list of tasks, including but not limited to search, application preparation, contract drafting, office action responses, monitoring and enforcement, maintenance, international registrations and the Madrid Protocol, litigation research, pleadings and motions, discovery, and more.
However, and perhaps happily for the readers of this article, even GPT4 itself doesn’t feel ready to take over just yet: “Please remember that my assistance should not replace the advice of a qualified attorney. Trademark law can be complex, and it is always best to consult with a professional for specific legal advice tailored to your situation.”