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{{d|LLM|/ɛl ɛl ɛm/ (''also “[[large language model]]”'')|n|}}
{{d|LLM|/ɛl ɛl ɛm/ (''also “[[large language model]]”'')|n|}}{{drop|O|nce upon a}} time, an [[LLM]] was a “Master of Laws”: the postgraduate mark of the ''sensei'' in the society of legal service providers — either of that, or of the indolence of one not prepared to strike out and put what she has learned into practice — but still: it spoke to perseverance, depth, comprehension and mastery, however pigeon-hearted its motivation.
Once upon a time, an [[LLM]] was a “Master of Laws”: the postgraduate mark of the ''sensei'' in the society of legal service providers — either of that, or of the indolence of one not prepared to strike out and put what she has learned into practice — but still: it spoke to perseverance, depth, comprehension and mastery, however pigeon-hearted its motivation.


If the [[Thought leader|thoughtleaderati]] are to be believed, now all one needs for that kind of expertise is a different kind of “LLM”: a “[[large language model]]”. [[Artificial intelligence]] rendered by a pattern-recognising, parallel-processing [[chatbot]].  
If the [[Thought leader|thoughtleaderati]] are to be believed, now all one needs for that kind of expertise is a different kind of “LLM”: a “[[large language model]]”. [[Artificial intelligence]] rendered by a pattern-recognising, parallel-processing [[chatbot]].  
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====Cui bono?====
====Cui bono?====
''[[Cui bono|Who benefits]]'', primarily, from this emergent technology? Experience should tell us that the first  — and often the ''last'' — to benefit from legal productivity tools are the ''lawyers''. Should we expect [[this time is different|this time be different]]?
{{drop|W|ho benefits, primarily}}, from this emergent technology? Experience should tell us that the first  — and often the ''last'' — to benefit from legal productivity tools are the ''lawyers''. Should we expect [[this time is different|this time be different]]?


Now, it is a truism that she who has a tool uses it, firstly, to improve her own lot. A commercial lawyer’s “lot” is predicated on two things: (1) ''[[time and attendance|time]]'' taken, and (2) ''[[Ineffable|ineffability]]'': the sense that what she does “passeth all [[muggle]] understanding”.
Now, it is a truism that she who has a tool uses it, firstly, to improve her own lot. A commercial lawyer’s “lot” is predicated on two things: (1) ''[[time and attendance|time]]'' taken, and (2) ''[[Ineffable|ineffability]]'': the sense that what she does “passeth all [[muggle]] understanding”.
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This is, in itself, a neat “[[simplification|simplification defeat device]]”: if you make a contract template sufficiently convoluted, the one-off cost of simplifying it so vastly outweighs the cost of just “tweaking” and living with it that few clients will ever take that first step to simplify. Even though the the ongoing costs of ''not'' rationalising dwarf the one-off costs of doing so, the long-term savings are always over that hump.
This is, in itself, a neat “[[simplification|simplification defeat device]]”: if you make a contract template sufficiently convoluted, the one-off cost of simplifying it so vastly outweighs the cost of just “tweaking” and living with it that few clients will ever take that first step to simplify. Even though the the ongoing costs of ''not'' rationalising dwarf the one-off costs of doing so, the long-term savings are always over that hump.


And bear in mind it will be the lawyers who deploy [[LLM]]s as a tool, not their clients. Why? ''Because of that [[ineffability]]''. An [[LLM]] is a pattern-matching device. It understands nothing. It cannot provide unmediated legal advice. It can only ever be a “back-breaker”: the “last mile” needs a human who knows what she is doing, understands the context and complicated human psychology at play in the cauldron of 1 [[negotiation]]. An [[LLM]] can draw pretty, impressive-at-a-distance doodles, but it cannot do that. Nor can it write [[legal opinion]]s — well, not meaningful ones — and nor, unmediated by a law firm, does it have the insurance policy or deep, suable pockets for which a client is paying when it seeks legal advice in the first place.
And bear in mind it will be the lawyers who deploy [[LLM]]s as a tool, not their clients. Why? ''Because of that [[ineffability]]''. An [[LLM]] is a pattern-matching device. It understands nothing. It cannot provide unmediated legal advice. It can only ever be a “back-breaker”: the “last mile” needs a human who knows what she is doing, understands the context and complicated human psychology at play in the cauldron of [[negotiation]]. An [[LLM]] can draw pretty, impressive-at-a-distance doodles, but it cannot do that. Nor can it write [[legal opinion]]s — well, not ''meaningful'' ones — and nor, unmediated by a law firm, does it have the insurance policy or deep, suable pockets for which a client is paying when it seeks legal advice in the first place.


An [[LLM]] can only be deployed, that is to say, by someone with skin in the game; who is prepared to put ''herself'' in jeopardy by accepting the assignment, which jeopardy she defends by the simple expedient of ''knowing what she is doing'' and checking her [[LLM]]’s output.
An [[LLM]] can only be deployed, that is to say, by someone with skin in the game; who is prepared to put ''herself'' in jeopardy by accepting the assignment, which jeopardy she defends by the simple expedient of ''knowing what she is doing'' and checking her [[LLM]]’s output.
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====Who’s client? Oh, right: she’s a lawyer, too.====
====Who’s client? Oh, right: she’s a lawyer, too.====
“But, [[JC]], come on. Be realistic. It is dog-eat-dog out there. Any lawyer keeps the bounty of the [[LLM]] from her clients will soon have her lunch eaten by others who won’t. You cannot fight the invisible hand. We are in a race to the bottom.”
{{drop|“B|ut, [[JC]], come}} on. Be realistic. It is dog-eat-dog out there. Any lawyer keeps the bounty of the [[LLM]] from her clients will soon have her lunch eaten by others who won’t. You cannot fight the invisible hand. We are in a race to the bottom.”


But are we?  
But are we?  
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====Conservative motivation====
====Conservative motivation====
Nor should we underestimate the overwhelming power of the lawyer’s intuition that ''what has gone before is sacrosanct''.
{{drop|N|or should we}} underestimate the overwhelming power of the lawyer’s intuition that ''what has gone before is sacrosanct''.


Lawyers are the last great [[positivist]]s: they understand instinctively that what has been already laid down by someone else — “posited” — is ''safer'' and than anything new that they might themselves contribute. The [[common law]] with its [[doctrine of precedent]], after all, is to all intents a divine commandment: ''in times of doubt, to do what has been done before''.  
Lawyers are the last great [[positivist]]s: they understand instinctively that what has been already laid down by someone else — “posited” — is ''safer'' and than anything new that they might themselves contribute. The [[common law]] with its [[doctrine of precedent]], after all, is to all intents a divine commandment: ''in times of doubt, to do what has been done before''.  
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{{quote|“What an astonishing thing a book is. It’s a flat object made from a tree with flexible parts on which are imprinted lots of funny dark squiggles. But one glance at it, and you’re inside the mind of another person, maybe somebody dead for thousands of years. Across the millennia, an author is speaking clearly and silently inside your head, directly to you.  
{{quote|“What an astonishing thing a book is. It’s a flat object made from a tree with flexible parts on which are imprinted lots of funny dark squiggles. But one glance at it, and you’re inside the mind of another person, maybe somebody dead for thousands of years. Across the millennia, an author is speaking clearly and silently inside your head, directly to you.  


''Writing'' is perhaps the greatest of human inventions, binding together people who never knew each other, citizens of distant epochs. Books break the shackles of time. A book is proof that humans are capable of working magic.”
Writing is perhaps the greatest of human inventions, binding together people who never knew each other, citizens of distant epochs. Books break the shackles of time. A book is proof that humans are capable of working magic.”
:— Carl Sagan, ''Cosmos''
:— Carl Sagan, ''Cosmos''
“I think you underestimate the power of ''reading'', Professor Sagan.”
“I think you underestimate the power of ''reading'', Professor Sagan.”
:—[[Jolly Contrarian|JC]]}}
:—[[Jolly Contrarian|JC]]}}
=====Theres’ a hole in my model, ELIZA=====
=====Theres’ a hole in my model, ELIZA=====
Fittingly, the first [[chatbot]] was a designed as a parlour trick. In 1966 Joseph Weizenbaum, a computer scientist at MIT created the programme “[[ELIZA]]” to explore communication between humans and machines. [[ELIZA]] used pattern matching and substitution techniques to generate realistic conversations. You can try it out [https://web.njit.edu/~ronkowit/eliza.html here].
{{drop|F|ittingly, the first}} [[chatbot]] was a designed as a parlour trick. In 1966 Joseph Weizenbaum, a computer scientist at MIT created the programme “[[ELIZA]]” to explore communication between humans and machines. [[ELIZA]] used pattern matching and substitution techniques to generate realistic conversations. You can try it out [https://web.njit.edu/~ronkowit/eliza.html here].


By today’s standards, [[ELIZA]] was rudimentary, simply regurgitating whatever was typed into it, reformatted as an open-ended statement or question, thereby inviting further input.  
By today’s standards, [[ELIZA]] was rudimentary, simply regurgitating whatever was typed into it, reformatted as an open-ended statement or question, thereby inviting further input.  
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:—''Hamlet'', II, ii
:—''Hamlet'', II, ii
}}
}}
Like all good conjuring tricks, [[generative AI]] relies on misdirection: its singular genius is that it lets us misdirect ''ourselves''. We wilfully suspend disbelief, never noticing who is creatively re-rendering machine-made screed as magic. ''We are''. We are neuro-linguistically programming ''ourselves'' to be wowed by a {{plainlink|https://en.wikipedia.org/wiki/Digesting_Duck|mechanical duck}}, when the clever part is really happening inside our own heads.
{{drop|L|ike all good}} conjuring tricks, [[generative AI]] relies on misdirection: its singular genius is that it lets us misdirect ''ourselves''. We wilfully suspend disbelief, never noticing who is creatively re-rendering machine-made screed as magic. ''We are''. We are neuro-linguistically programming ''ourselves'' to be wowed by a {{plainlink|https://en.wikipedia.org/wiki/Digesting_Duck|mechanical duck}}, when the clever part is really happening inside our own heads.


By writing “prompts”, we create an expectation of what we will see. When the pattern-matching machine produces something roughly like that, we use our own imaginations to backfill, frame, filter, correct, boost, render, sharpen and polish the output into what we ''wanted'' to see. We ''construe'' the output to conform to our original instructions.  
By writing “prompts”, we create an expectation of what we will see. When the pattern-matching machine produces something roughly like that, we use our own imaginations to backfill, frame, filter, correct, boost, render, sharpen and polish the output into what we ''wanted'' to see. We ''construe'' the output to conform to our original instructions.  
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:— ''Hamlet'', I, v}}
:— ''Hamlet'', I, v}}


Now, in all kinds of literature, ''bar one'', “reading” is where the real magic happens.  
{{drop|N|ow, in all}} kinds of literature, ''bar one'', “reading” is where the real magic happens. ''Construal''. It is the [[Emergent|emergent]] creative act and community consensus that renders ''Hamlet'' a timeless cultural leviathan and {{br|Dracula: The Undead}} forgettable pap.<ref>Maybe not ''that'' forgettable, come to think of it: it has stayed with me 15 years, after all.</ref>


''Construal''. It is the [[Emergent|emergent]] creative act and community consensus that renders ''Hamlet'' a timeless cultural leviathan and {{br|Dracula: The Undead}} forgettable pap.<ref>Maybe not ''that'' forgettable, come to think of it: it has stayed with me 15 years, after all.</ref> A literary work may start with the text, but it stays there barely a moment. The “meaning” of a literary work is ''necessarily personal'' to the reader: it lives between the reader’s ears, and within the cultural milieu that interconnects the reading population over the generations — ''all as construed by the apparatus between the reader’s ears''.
A literary work may start with the text, but it stays there barely a moment. The “meaning” of a literary work is ''necessarily personal'' to the reader: it lives between the reader’s ears, and within the cultural milieu that interconnects the reading population over the generations — ''all as construed by the apparatus between the reader’s ears''.


Call him [[post-modern]] — go on, do — but the [[JC]] doesn’t hold with [[Carl Sagan]]’s idea, above, that a book teleports its author “inside our heads”. That is to equate ''construal'' with ''symbol-processing''. It absolutely isn’t, and that [[metaphor]] — that the brain is a glorified Turing machine — gravely underestimates the human brain when in construction mode.  
Call him [[post-modern]] — go on, do — but the [[JC]] doesn’t hold with [[Carl Sagan]]’s idea, above, that a book teleports its author “inside our heads”. That is to equate ''construal'' with ''symbol-processing''. It absolutely isn’t, and that [[metaphor]] — that the brain is a glorified Turing machine — gravely underestimates the human brain when in construction mode.  
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It is because a reader is ''not'' a simple “symbol processor”, that she does more than merely decrypt text to reveal a one-to-one assembly of the author’s intention in her own head, that ''Hamlet'' can speak, still, to the human dilemmas of the twenty-first century.
It is because a reader is ''not'' a simple “symbol processor”, that she does more than merely decrypt text to reveal a one-to-one assembly of the author’s intention in her own head, that ''Hamlet'' can speak, still, to the human dilemmas of the twenty-first century.


=====On the absence of metaphors in foxholes=====
=====On the lack of metaphors in foxholes=====
Now there is one kind of “literature” that ''is'' like a computer programme: where the ''last'' thing the writer wants is for the reader use her imagination, , or bring her cultural baggage in from the hall and use it to “construct” a meaning. In this singular domain, clarity of the writer’s intention is paramount: the only priority is divining the what those who wrote the text meant by it.
{{Drop|T|here is one}} kind of “literature” that ''is'' like a computer programme: where the ''last'' thing the writer wants is for the reader use her imagination, , or bring her cultural baggage in from the hall and use it to “construct” a meaning. In this singular domain, clarity of the writer’s intention is paramount: the only priority is divining the what those who wrote the text meant by it.


This is, of course, ''legal'' literature.  
This is, of course, ''legal'' literature.  
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Where literary language is, in [[James Carse]]’s sense, ''[[Finite and Infinite Games|infinite]]'', legal language is ''finite''.
Where literary language is, in [[James Carse]]’s sense, ''[[Finite and Infinite Games|infinite]]'', legal language is ''finite''.
=====LLMs okay for literature: bad for legal drafting=====
=====LLMs okay for literature: bad for legal drafting=====
Now: the punchline. Given how integral the reader and her cultural baggage are to the creative act in normal literature, we can see how, in that domain, a [[large language model]], freely spitting out text ripe with interpretative possibilities — text that positively ''begs'' for someone to “construct” it, just to make sense of it — is a feasible model.  
{{drop|N|ow: the punchline}}. Given how integral the reader and her cultural baggage are to the creative act in normal literature, we can see how, in that domain, a [[large language model]], freely spitting out text ripe with interpretative possibilities — text that positively ''begs'' for someone to “construct” it, just to make sense of it — is a feasible model.  


The interpretative task is paramount: to move from a model where most of the creative work is done by the reader to one where all of it is, is no great step. We can imagine doing without a human writer altogether. The Writers Guild of America can certainly imagine that. Who cares what the text is meant to say, as long as it is coherent enough for an enterprising reader to make something out of it?
The interpretative task is paramount: to move from a model where most of the creative work is done by the reader to one where all of it is, is no great step. We can imagine doing without a human writer altogether. The Writers Guild of America can certainly imagine that. Who cares what the text is meant to say, as long as it is coherent enough for an enterprising reader to make something out of it?
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====Meet the new boss —====
====Meet the new boss —====
We don’t doubt that LLM is coming, nor that the legal industry will find a use for it: just that there is a ''useful'', sustained use for it. It feels more like a parlour trick: surprising at first, diverting after a while, but then the novelty wears off, and the appeal of persevering with what is basically a gabby but unfocussed child wears pales.
{{drop|J|C does not}} doubt that LLM is coming, nor that the legal industry will find a use for it: just that there is a ''useful'', sustained use for it. It feels more like a parlour trick: surprising at first, diverting after a while, but then the novelty wears off, and the appeal of persevering with what is basically a gabby but unfocussed child wears pales.


The traditional legal model faces existential challenges for sure, but they are not presented, and will not be addressed by random word generators.
The traditional legal model faces existential challenges for sure, but they are not presented, and will not be addressed by random word generators.


==== False memory syndrome ====
==== False memory syndrome ====
Large learning models already can execute this “research assistant” mode. It seems less flashy but — if we can trust it — this is a compelling use case that will remain once our inflated expectations has collapsed into the trough of despair. We could ask Bing AI to track down a long-lost childhood story.{{Quote|1=Bing, do you know a children’s story involving a fox or a wolf or something being chased by a pack of hunting dogs and it hides under a rock. The hiding place is too small, and it has to poke one part of its body out. It has an argument with each of its body parts to see which is the most deserving of being saved and concludes its tail is the least deserving, so it sticks its tail out. The hunting dogs arrive and grab it by the tail and catch it. Moral of the story is something like you are only as good as your weakest link.}}At first, Bing shrugged its shoulders and said, “sorry”. When we persevere with a few more details, success!{{Quote|1=I found the story you were looking for! It’s called “The Wolf and His Tail”. In this story, a wolf is being chased by a pack of hunting dogs and hides under a rock, The hiding place is too small, and it has to poke one part of its body out. It has an argument with each of its body parts to see which is the most deserving of being saved and concludes that its tail is the least deserving so it sticks its tail out. The hunting dogs arrive and grab it by the tail and catch it. The moral of the story is that you are only as good as your weakest link.}}Magnificent! We can ask who wrote the story:{{Quote|“The Wolf and His Tail” is a children’s story that was written by Barbara Juster Esbensen. It was first published in 1972.}}There is only one problem: ''this is not true''. Barbara Juster Esbensen was indeed a children’s author, but she wrote no such book. It is as if Bing has been badgered into false memory syndrome.
{{drop|L|arge learning models}} already can execute this “research assistant” mode. It seems less flashy but — if we can trust it — this is a compelling use case that will remain once our inflated expectations has collapsed into the trough of despair. We could ask Bing AI to track down a long-lost childhood story.{{Quote|1=Bing, do you know a children’s story involving a fox or a wolf or something being chased by a pack of hunting dogs and it hides under a rock. The hiding place is too small, and it has to poke one part of its body out. It has an argument with each of its body parts to see which is the most deserving of being saved and concludes its tail is the least deserving, so it sticks its tail out. The hunting dogs arrive and grab it by the tail and catch it. Moral of the story is something like you are only as good as your weakest link.}}At first, Bing shrugged its shoulders and said, “sorry”. When we persevere with a few more details, success!{{Quote|1=I found the story you were looking for! It’s called “The Wolf and His Tail”. In this story, a wolf is being chased by a pack of hunting dogs and hides under a rock, The hiding place is too small, and it has to poke one part of its body out. It has an argument with each of its body parts to see which is the most deserving of being saved and concludes that its tail is the least deserving so it sticks its tail out. The hunting dogs arrive and grab it by the tail and catch it. The moral of the story is that you are only as good as your weakest link.}}Magnificent! We can ask who wrote the story:{{Quote|“The Wolf and His Tail” is a children’s story that was written by Barbara Juster Esbensen. It was first published in 1972.}}There is only one problem: ''this is not true''. Barbara Juster Esbensen was indeed a children’s author, but she wrote no such book. It is as if Bing has been badgered into false memory syndrome.


Perhaps we should see what Google’s Bard has to say. We can input the same prompt. This is the result:{{Quote|The story you’re describing sounds like the Aesop fable “The Fox and the Hunter.” In this fable, a fox is being chased by a pack of hunters. The fox finds a narrow crevice in a rock and hides inside. However, the crevice is too small, and the fox’s tail is sticking out. The hunters arrive and see the fox’s tail, and they grab it and pull the fox out of the crevice. The fox is then killed by the hunters.
Perhaps we should see what Google’s Bard has to say. We can input the same prompt. This is the result:{{Quote|The story you’re describing sounds like the Aesop fable “The Fox and the Hunter.” In this fable, a fox is being chased by a pack of hunters. The fox finds a narrow crevice in a rock and hides inside. However, the crevice is too small, and the fox’s tail is sticking out. The hunters arrive and see the fox’s tail, and they grab it and pull the fox out of the crevice. The fox is then killed by the hunters.
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==== Whatever the use caseCoda: is ChatGPT getting worse? ====
==== Whatever the use caseCoda: is ChatGPT getting worse? ====


In other news, scientists are concerned that [[ChatGPT]] might be getting worse. Studies indicate that its accuracy at tasks requiring computational accuracy, like playing noughts and crosses or calculating prime numbers, is rapidly diminishing.
{{drop|I|n other news}}, scientists are concerned that [[ChatGPT]] might be getting worse. Studies indicate that its accuracy at tasks requiring computational accuracy, like playing noughts and crosses or calculating prime numbers, is rapidly diminishing.


Perhaps [[ChatGPT]] is getting bored, or might it have something to do with the corpus increasingly comprising nonsense text generated on the hoof by some random using ChatGPT?
Perhaps [[ChatGPT]] is getting bored, or might it have something to do with the corpus increasingly comprising nonsense text generated on the hoof by some random using ChatGPT?