The Gavel (Issue 1, 2023)

ACKNOWLEDGEMENT OF TRADITIONAL OWNERS The Queensland University of Technology Law Society (QUTLS) acknowledges the Turrbal and Yugara as the First Nations owners of the lands where QUT now stands. We pay respect to their Elders, lores, customs and creation spirits. We recognise that these lands have always been places of teaching, research and learning.

We recognise that Aboriginal and Torres Strait Islander peoples are the custodians of the land, and have a traditional association with the land in accordance with their laws and customs. In light of recent events, we acknowledge our responsibility as an institution to commit to inclusion, reconciliation and consultation to ensure the future of Australia is one where our First Peoples are afforded equal opportunity.

The QUTLS welcomes First Nations students, and wish you every success in your studies and beyond.

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ACKNOWLEDGEMENTS The QUT Law Society would like to thank the following for sponsoring this issue of The Gavel Ashurst

Clayton Utz

DLA Piper

Gilbert + Tobin

Herbert Smith Freehills

HopgoodGanim

Johnson Winter & Slattery

K & L Gates

King & Wood Mallesons

McCullough Robertson

Minter Ellison

Norton Rose Fullbright

Piper Alderman

Talbot Sayer

Thomson Geer

Corrs Chambers Westgarth

College of Law

Gadens

Jones Day

Sparke Helmore

The QUT Law Society acknowledges the following people in the creation of this edition of the Gavel: Ivy Smith, Director of Media and Communications Darcey Lee, Publications Officer Allison Kricker, Design Officer

Illustrated by Ivy Smith and Allison Kricker Thank you to everyone who contributed to this edition of the Gavel. Your time and effort is greatly appreciated.

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MALCOLM X

Tomorrow belongs to those who prepare for it today

CONTENTS Foreword

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Fair Go?

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It’s time to sentence these 9 legal terms to death

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Forever and a Day

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What to Do When Your Goals Change

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Were

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First Nations Leaders Sue Commonwealth Over Climate Change

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Interview With a Layman

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Permeance in a Transient World

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ChatGPT & its Future in Law and Legal Practice

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A Declaration of Intelligence

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The Lighthouse

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Dear Reader, Firstly, we want to thank you for picking up a copy or following a link to this year’s Gavel. The Gavel exists so that students can flex their creative muscles in a degree that doesn’t always permit the greatest amount of creativity. We have a very talented student body and getting to read their submissions was a great privilege.

The editorial team picked the theme of “Forever and a Day” not to be pretentious pricks who quote Shakespeare but as a reminder. A reminder that life is long so there’s no need to rush into anything you’re not ready for or unsure you want. It serves as a beacon, reminding us that while our time at university may seem to crawl, it’s finite, and eventually, it will come to an end. And even after it feels like an eternity has passed, there’s always extra time. We’re all young (yes that includes you graduate entry students, you are also young).

Even if you’ve been doing something for a while or had a goal for ages, there’s always that extra bit of time to do something different.

There’s always an opportunity for something new, a chance to explore uncharted territories, and a moment to redefine our paths.

In this edition, you'll find a delightful collection of articles, artworks, and photography that bring our theme to life. Our contributors have poured their hearts into their creations, and we encourage you to savour each piece as you immerse yourself in the world of "Forever and a Day." You'll discover thought-provoking narratives, stunning visual art, and perhaps even a dash of humour – we couldn't resist adding a few funny twists to keep things interesting.

We also want to encourage you to submit to the next Gavel.

Everyone has a creative side and it’s great to get in touch with it, it has been proven to improve mental health in addition to just being fun.

Thank you for reading, We hope you enjoy this edition of the Gavel!

Darcey Lee, Ivy Smith and Jordan Paiva

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7 Art by Ivy Smith 2023

IT’s time to sentence these 9 legal terms to death by lachlan berlin

Are there some legal phrases you hear and just have to cringe at? Do you hate legalese with a passion? Just because certain terminology has been used for forever and a day doesn’t mean they can’t give way to contemporary, plain English phrases.

I’m sure this list will be controversial, with some of you agreeing or disagreeing with certain entries. But whether or not you still wish to use these words, I hope it makes us all conscious of the words we use and the impacts they have on our readers.

This is a ranked list, with every entry exponentially more irritating than the last.

9. False imprisonment There are many other ways to deprive one’s liberty than throwing someone in a prison.

If a thug locks you in his basement, or drives you around in his car without consent, he has deprived you of your liberty. That’s not ‘false’ nor ‘imprisonment,’ it’s truly illegal.

- INSTEAD, SAY: “Unlawful imprisonment,” “unlawful restraint,” “deprivation of liberty.”

8. Junior Barrister 7. The Allocutus

This term is often used to describe any barrister who has not yet taken silk (become a King’s Counsel). However, many ‘junior’ barristers have decades of experience and are extremely good at their jobs, so it seems strange to call them ‘juniors’.

“Do you have anything to say as to why sentence should not be passed on you?”

- INSTEAD, SAY: “intermediate barrister” if they are not brand new at “Yes, because the cops were lying and you the bar. lawyers are pigs!”

This is such a strange and archaic tradition that makes it seems like convicted criminals can get away scot-free if they just ask for it. In fact, Queensland judges never let defendants answer this question, because their lawyer will provide submissions to mitigate the penalty. But as the law currently stands, it must be read out every time in the District and Supreme Courts.

INSTEAD: Abolish it. Alternatively, adopt the Magistrates Court expression of, “Is that a plea of guilty of your own free will?

Nobody has told you how to plead?”

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6. Repeat and Rely On You may have seen this irrelevant and cringey phrase come up in civil pleadings. When you plead an allegation, it is obvious you rely on it. Tony Morris KC suggests simply referencing the above paragraph where the fact was pleaded, even if it supports multiple causes of action INSTEAD: Refer to the paragraph where the fact was pleaded.

5. Any 19th century English word/phrase Whereas hitherto customary to conduct the parlance of oneself in a manner most proper and sophisticated, a learned and regarded gentlemen ought denounce any suggestion of the most egregious reduction of this noble profession’s unique tongue for the purposes of appeasing the citizen ordinary or a prisoner or an apprentice. Woe is the day both apprentice and master shall henceforth produce speech to appease the most unscrupulous contemporary sensibilities.

(That was a joke. Please do the opposite.)

4. Natural Justice Romanticism challenged rational and logical thinking in favour of emotion, creativity and imagination. It placed value on the individual over the group and celebrated the natural world over man-made order.

3. The Queen Her Late Majesty reigned for forever and a day and is the only Monarch most people ever knew. Old habits definitely do die hard, because over one year later, many people (including lawyers) are still misgendering poor Charles. Will it take forever and a day for us to break this habit and free Australia from the shackles of linguistic necrocracy?

INSTEAD, SAY: “The King” (unless the Queen reigned at that time), “The Crown,” “the Monarch,” the Sovereign.”

2. Lawyers and Barristers This erroneous expression is one of the most common, yet annoying phrases out there. I have no idea where it comes from or why it's used. Perhaps it emerged in fused profession states or large law firms. Barristers are not above nor below being lawyers. Nor do solicitors have the exclusive right to be called ‘lawyers’.

INSTEAD, SAY: “Lawyers,” “barristers and solicitors.”

1. Latin, inter alia I was going to include all Latin phrases here, but for want of space, I have decided to single out the most frustrating words for the top spot. The term inter alia is the single most lazy and unnecessary word in the dictionary of legalese.

There are literally trillions of other ways to express that a list is non-exhaustive (that’s one alternative right there), which an ordinary reader can understand.

INSTEAD, SAY: “Including,” “among other things,” “etc.,” “not limited to,” “among them are,” “are just some of…”

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Forever and a day

by Harry Jans

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Writing for you once again.

Reading it once it’s down.

I rub my hands and cap the pen, Then turn the page around.

The world beyond me fades, Like how a black shirt turns to darker grey.

The air; sweet as cloudy lemonade.

Drunk on your perfume, I sway.

I watch the choreography of your lips, The tiny mouthing of the words, A silent conversation, our love's eclipse, The voice that only hearts have heard.

In this dance of restless silence, Sat there waiting for a gaze to share, I wait for you to look back up, But you keep reading as you twirl your hair.

Spoken words can last a second, Perennial when they're written.

And ever since your eyes first beckoned, I knew the love bug had just bitten.

Your cheeks are rosier than before You look up, don't need a word to say I've never felt so truly sure That I'd be yours, forever and a day.

WHAT TO DO WHEN YOUR GOALS CHANGE

BY DARCEY LEE I remember first starting at law school.

I was beyond excited, as I had dreamt of this moment since I was 12. I had finally made it through mandatory schooling and was able to do what I really wanted. I was excited to study. I was excited to have deep and meaningful legal discussions. ... I didn’t have a clue.

COVID-19 hit and stalled the meaningful conversations but I was happy to find I really did enjoy studying law. Around my second year, I started stressing about the fact that I did not have a legal job. So, I went out and found one at a mid-tier national firm that specialised in property damage claims for car insurance firms. I was a paralegal with my own file load which I will admit, fed my ego quite a bit.

However, I was quickly overworked and underpaid (as is typical for beginning legal professionals) in addition to finding the work dull and uninspiring. After about six months, I came to the realisation that it wasn’t just the firm or the nature of the work but that I did not really enjoy doing what legal professionals do. I left the firm and the dream I had since I was 12, the dream of being a lawyer, began to crumble, eroding into the sea of hopelessness.

I want to say that I did and still do love studying law. It’s an ancient beast full of contradictions, lessons and I will always marvel at humanity: there is something so unique about humans deciding to publicise the messiest parts of our

lives even when in a formal setting. We appoint a judge, a learned person to decide on our fates and trust in their ability to make the decision because we seek the ultimate comfort of knowing we are right. I also know now that I probably will not work in the law, or if I do that it will not be my career forever. This used to sadden me because I had put so much thought into this path and it had felt like I would follow it forever. I’ve found a new path now, one that excites me like the thought of the legal profession used to do.

So many things feel like they’ll last forever: friendships, relationships, goals. Sometimes they do and that is a beautiful, amazing thing.

However, some people, places and things are only for a specific period of your life. This doesn’t make them less important or have less of an impact on your life, but it is important to remember that it won’t be the end of the world or the end of time. You can grieve the loss of these things but remember to stop grieving you always have that extra day after what feels like forever.

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Were “Look that’s okay. Just call them and ask them to send us copies.”

“Ah cool, can do” I say, and I speed walk back to my desk.

I’ve messed up and disclosed our only copies of a forensic accountant statement to the defence firm.

The next court date is tomorrow.

by Amanda Hubert

Breathe in... ...Breathe out.

I make myself pick up the phone and dial the number and sit there while the phone rings … ring … ring

“Oh don’t take it personally if they act like pricks,” yells my boss.

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and stops.

I give her a thumbs up and a tight smile before I dash into my cubicle and pick up the phone. I’ve been in this role for a few months, sometimes I feel like I’m good at it, sometimes I feel little pains in my chest that indicate I am actually not. Stop being so stressed, I think to myself. Things like this happen. I look out the window at the sky, at the little peopledots moving below and try to breathe. But then I start considering what the person on the other end of the phone will think of me. What my boss thinks of me.

No noise at all, it’s broken. I feel relieved a little and look around the office and see that everyone’s standing up and … relaxing?

The digital clock on the phone ticks over to the next minute.

I see. Why does nobody have a shadow?

They’re stretching and talking to each-other in words I don’t understand, in voices that sound like static. Everything else is quiet; no computer hum or beeping cars or wind. Even my breathing is just white noise. Everyone in the office starts taking off their jackets and shirts and I notice the light is shining differently on their bodies, or … oh.

Suddenly, everyone starts removing their faces. My boss turns and the negative space where her head used to be tilts to the side. I try to scream but my body knows better than to bring attention to myself. I walk backwards, bumping into my window and I feel it fall the window fall.

It and the blue sky and the street below are on the ground Flat as cardboard.

Where the world should be is nothing but empty white forever and ever and ever.

I hear static behind me and the static becomes words.

“You okay dude? Your mask is still on.”

The negative space that used to be my boss stops putting on a new face that I don’t recognise to ask if I need help I feel it put a limb on my hand and guide me to the seams at the back of my head.

Oh .

O

h N . o

I feel my skin stick to my fingers, leaving my head.

It’s slowly peeling off.

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FIRST NATIONS LEADERS SUE COMMONWEALTH OVER CLIMATE CHANGE

BY GAVIN CHOONG VOLUNTEER GRATA FUND Forty years ago, Eddie Koiki Mabo from Mer Island took the Queensland Government to court over First Nations land rights claims. After more than a decade of litigation, the High Court of Australia overturned the legal fiction of terra nullius and paved the way to greater land rights for First Nations people around the country.

Importantly, in opening his decision, Justice Brennan acknowledged the Meriam people retained a “strong sense of identity with their Islands.” For Aboriginal and Torres Strait Islander people, land has spiritual, physical, social, and cultural significance, reflected through storytelling and ceremony. Colonisation and the subsequent dispossession of land meant many First Nations people experienced a loss of cultural affiliation, the effects of which still resonate today.

To prevent reoccurring injustice, domestic and international laws were introduced to recognise the right of First Nations peoples to “maintain, control, protect, and develop their identity and cultural heritage.” However, these cultural rights are still at risk. Traditional Owners living in the Guda Maluyligal Nation and others across the Torres Strait now fear 65,000 years of tradition will be submerged by rising sea levels as a result of human-caused global warming.

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Left with no other choice, Uncle Pabai and Uncle Paul, Traditional Owners of Boigu Island and Saibai Island, have turned to the courts to protect their communities from disaster. They argue that by failing to set emission targets in line with available science, the Commonwealth has unlawfully breached its duty of care to protect the people, islands, and culture of the Torres Strait. This duty arises in part from the Torres Strait Treaty between Australia and Papua New Guinea, signed in 1978, which establishes a Protected Zone to preserve the ‘‘traditional way of life and livelihood of traditional inhabitants.”

Uncle Pabai Pabai (Left) and Uncle Paul Kabai (Right) | Sending a message to the world at COP27 from Torres Strait. Picture by Bianka Csenki

Becoming climate refugees means losing everything: our homes, our culture, our stories and our identity. If you take away our homelands, we don’t know who we are.

If we have to relocate, it will be very sad for us. Very sad.

Uncle Paul Kabai, Applicant in the Australian Climate Case

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The Australian Climate Case has been developed in partnership with the Urgenda Foundation, a team of international legal experts who have a proven record of successful climate change litigation.

In 2013, representing the interests of 886 citizens, the Urgenda Foundation brought the Dutch Government to court for not doing enough to prevent the impacts of climate change.

They were successful at every stage of appeal, with a final victory in the Dutch Supreme Court in 2019.

Aside from being the first tort case taken against a government challenging climate change, it also reflected the fact that “governments have binding legal obligations, based on international human rights law, to undertake strong reductions in emissions of greenhouse gases.”

As a result of the ground-breaking case, the Netherlands now has some of the most ambitious climate policies in the world. Urgenda’s case has become an inspiration for people around the world fighting for climate action through the judicial system.

Uncle Pabai and Uncle Paul are represented by class action firm Phi Finney McDonald. The Australian Climate Case has been supported

by Grata Fund, a not-for-profit that supports marginalised communities and advocates for their legal rights. Grata Fund removes the financial barriers that prevent public interest test cases like this one from going ahead.

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Uncle Paul Kabai and Uncle Pabai Pabai with the Torres Strait Islander flag at COP27. Credit: Bianka Csenki

If the Government does not take urgent climate action, Torres Strait Islanders are at risk of becoming Australia’s first climate refugees. This would mark another chapter of dispossession and cultural erasure which has long plagued the country.

The hearing for the Australian Climate Case commenced in June 2023. In the meantime, people around the country are supporting Uncle Pabai and Uncle Paul’s case by submitting stories about the climate impacts they have witnessed in their communities: from bushfires to floods, coastal erosion, heatwaves, mental health impacts and seasonal changes.

By sharing the climate impacts they have experienced, Australians are showing the Government that climate change is already at our doorstep, affecting all Australians. You can join the movement by sharing your climate story here.

Find out more about the case and how you can stand behind Uncle Pabai and Uncle Paul at australianclimatecase.org.au.

Gavin is a fifth-year law student at Monash University studying a Bachelor of Laws (Honours) and Biomedical Science. Currently a Volunteer Associate at Grata Fund and global youth spokesperson at Amnesty International, Gavin is a passionate climate justice advocate. He hopes to raise awareness surrounding the Australian Climate Case through his work.

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Interview With a Layman:

Exploring Perceptions of the Legal Profession in Australia

an Interview with Jasmine Bacon, by Ivy Smith

Have you ever had to hire a lawyer for any reason?

What was your experience like?

I’ve never had to hire a lawyer. I don’t even think I know any. I've watched ‘Suits’ - I'm fully equipped to represent myself should anyone find the bodies.

What do you think about the portrayal of lawyers in popular culture? Is it accurate?

‘Daredevil’ - completely accurate. I love that blind lawyers can law by day and fight crime by night. Honestly, I think (I hope) most people know that it’s dramatised. There are definitely still some misapprehensions, especially seeing there’s almost no Australian legal media.

Legal cases can sometimes drag on for years. How do you feel about the speed of justice in your country?

I live in Australia (and have never lived anywhere else), and particularly legal regulation does feel impossibly tedious and long. Why some processes need someone to confirm to someone, then confirm they've confirmed it and then someone else confirms that its been confirmed - it's so ridiculous. I feel like the law and regulations on businesses really impede efficiency.

How do you think the legal system can be made more transparent and understandable for the general public?

I think we should be at least taught the basics in school. I honestly don't know much.

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Lawyers are known for their extensive vocabulary. If you could add a term to the legal dictionary, what would it be and what would it mean?

Term: "Legal-talgia" Meaning: Legal-talgia is a condition commonly afflicting lawyers, characterized by a nostalgic longing for the convoluted and overly complex language of legal documents.

In your view, what's the most bizarre or interesting legal case you've ever heard of?

Johnny Depp and Amber Heard, so strange that nearly everyone that spoke about it (when it was happening) has such a strong opinion on it even though there's no way they could know the truth.

If lawyers had their own cooking show, what kind of dish do you think they'd specialize in, and what would it be called?

Peri-Jury Chicken. Not sure if any of them would make in to set though, they’d probably go straight to the bar (haha).

Jasmine Bacon is a wearer of many hats.

Originally studying Advanced Physics and then dabbling in a degree in Economics, she now finds herself pursuing film full-time. She is a passionate advocate for climate injustice and might just go into politics one day. You can find her on Instagram at @vegiebacon.

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permeance in a transient world by arash asgari The phrase “forever and a day” is often used to describe an indefinite period of time but in the context of the legal profession, it can refer to the idea of permeance in an ever-changing legal world.

The modern-day common law system dates back to the 11th century and the human element in its operation has remained largely unchanged despite the adoption of the internet, search engines (eg.

Google), modern electronics and legal databases.

However, for the first time in history, lawyers and other knowledge-based workers are at risk of being replaced with AI. This critical analysis will evaluate how generative artificial intelligence (AI) can revolutionise the traditional operation of our legal system and the role of lawyers within it.

The current sentiment is that legal work is prime for automation as AI can efficiently process the large amount of data and repetitive tasks that law requires.

However, this is a very recent stance.

Figure 1: Average risk of automation (averaged across countries) Source: (Nedelkoska and Quintini, 2018)

In January 2021, the Organisation for Economic Cooperation and Development (OECD) reported that the legal profession was amongst the occupations with the lowest risk of automation (~7%).

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It only took two years for the legal industry to be ranked as one of the most at-risk occupations for AI automation (ranking 50/774). This rapid change is largely due to OpenAI’s public release of ChatGPT, which has enabled lawyers to generate first drafts of emails, memos, motions, briefs, and complex legal instruments in a writing style that is consistent with their law firm.

ChatGPT’s capabilities also extend to completing a law degree, as it has been able to pass and even outperform humans during a variety of academic tests; ChatGPT has passed a law exam at the University of Minnesota and scored in the top 10% during a US bar exam.

Research has indicated that there are two potential scenarios that may occur: AI will either replace lawyers and legal staff, or it will act as a tool to increase efficiency.

scenario 1:

replace legal professionals The hypothesis for this scenario is that generative AI will eventually advance to a point where it can perform legal research and create legal documents in a manner that is faster, more accurate and cheaper.

This scenario may seem like it is overly optimistic and placed in the distant future; however, legal entrepreneurs have already started innovating with AI technology.

DoNotPay is one such company, providing a chatbot that can offer accessible and affordable legal assistance to users. The chatbot uses AI to help users navigate legal issues such as parking tickets, landlord-tenant disputes, and appealing bank fees. In addition to providing legal assistance through its chatbot, DoNotPay has also launched several other tools and services to help users with legal matters. For example, it offers a service that helps users apply for asylum in the US, a tool that helps users sue robocallers, and a service that helps users file for divorce.

These capabilities are concerning for legal professionals as ChatGPT may be able to replace the work that junior lawyers and legal staff traditionally did, potentially causing a decrease in legal job growth and billable hours.

scenario 2:

Tool for increased efficiency This scenario hypothesises that generative AI will be yet another tool in a lawyer’s arsenal and will ultimately lead to increased efficiency and work output.

The development of legal databases, such as LexisNexis and Westlaw, once caused job security concerns with legal support staff fearing their jobs would be replaced; however, the technology instead saved legal workers significant amounts of time and increased the accuracy of their research.

Similarly, the advent of filing software also aided legal work as opposed to adversely affecting it. By streamlining administrative tasks, reducing costs and improving the accuracy of record keeping, legal professionals were freed to focus on higher-value tasks such as legal research, analysis and decisionmaking. Thus, historic events suggest that AI may improve the efficiency of work produced by legal professionals. This notion is supported by the US Bureau of Labour Statistics, which indicates that jobs will increase by 4% for lawyers and 10.4 percent for paralegals between 2019 and 2029.

It is possible that future events do not follow historic effects; however, to surpass being ‘just a tool’, AI users must grapple with various regulatory and ethical issues that may arise through non-human practise of law.

The regulatory run-down ChatGPT’s capabilities also extend to completing a law degree, as it has been able to pass and even outperform humans during a variety of academic tests; ChatGPT has passed a law exam at the University of Minnesota and scored in the top 10% during a US bar exam

Research has indicated that there are two potential scenarios that may occur: AI will either replace lawyers and legal staff, or it will act as a tool to increase efficiency.

The hypothesis for this scenario is that generative AI will eventually advance to a point where it can perform legal research and create legal documents in a manner that is faster, more accurate and cheaper.

This scenario may seem like it is overly optimistic and placed in the distant future; however, legal entrepreneurs have already started innovating with AI technology.

Ethical considerations The use of AI in the legal system also raises significant ethical questions. One of the main concerns is the potential for AI to perpetuate biases and discrimination in the legal system. If the data used to train AI algorithms is biased or incomplete, the algorithms will reflect those biases and perpetuate them in their decision-making processes, leading to unfair outcomes.

Another concern is the lack of transparency and accountability in AI decision-making processes. AI algorithms can be complex and unclear, making it difficult to understand the reasons they used to reach their decisions. This lack of transparency raises questions about the accountability of AI systems, whether they can be held responsible for their decisions, and how future appeals may be impacted.

Conclusion The concept of “forever and a day” in relation to AI and law seeks to find permeance in a transient and ever-changing world. While AI has the potential to transform the operation of our legal system, it is unclear to what extent day-to-day operations of lawyers and legal staff will be impacted. The likely scenario is that lawyers and legal staff will still be needed to offer counsel and judgement; however, those legal professionals will increasingly rely on AI tools to deliver those services in efficiently and effectively. The importance of the human element will also become increasingly important, and legal professionals must adapt and improve their listening, communication and client relationship skills to establish a competitive advantage over their competitors. One thing is clear though, AI may not replace lawyers, but lawyers who adapt to use AI and technology will absolutely replace lawyers who don’t.

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The emergence of ChatGPT in November of 2022 has caused havoc and hope in our society.

Whether this development is detrimental to human knowledge, or in fact beneficial, is of question to its capabilities and accuracy. In recent studies, there has been engagement from law firms, and financial services attempting to use ChatGPT and whether the data it presents is accurate.

The possibilities seem endless, and how we interact with the program is important to its development and acceptance in law and broader society. AI as used in ChatGPT has the potential to develop a more holistic understanding of data, however, its limitations are dependent on how specific the user is with its questions.

Chat GPT is an open-source artificial intelligence (AI) chatbot developed by Open AI. It is powered by large amounts of data and computing techniques that are able to predict word sequences. ChatGPT generates human-like texts based on a criteria or context given to it (Chamberlains, 2023; GreenPoint, 2023).

ChatGPT appears to be able to generate responses to simple legal questions, prepare drafts of legal documents such as contracts, and can locate information (like case law or legislation) in larger documents (Allens, 2023); however, because it is still undergoing developmental testing and debugging, there are two major concerns: confidentiality and accuracy - arguably the pillars of legal practice.

If you are interested in the intersection of technology, such as ChatGPT and the law, then QUT Law, Innovation and Technology Society may be for you! We are a Guild and Law Faculty Affiliated club that hosts a wide range of industry, academic and student engagement events throughout the year with industry professionals in new law, legal tech, intellectual property, in-house legal teams, top-tier law firms and more! Find us on Facebook: Law, Innovation and Technology Society.

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ChatGPT, not unlike other efficient and successful AI models, relies on machine learning. This means that data is constantly fed back into the AI’s pattern, just as the human brain adapts to new information (Moodley & Rennie, 2023). Upon logging into ChatGPT, the service displays the caution message: Please don’t share any sensitive information in your conversations. This is because ChatGPT currently does not provide safeguards for maintaining client confidentiality (Elliot, 2023). If confidential client information is entered into ChatGPT, it forms part of the information that ChatGPT will use in the future. In other words, once entered into ChatGPT, sensitive and confidential information is “out there” and may be disclosed to other people who use ChatGPT (Moodley & Rennie, 2023). Ultimately, ChatGPT analyses a user’s input to update it’s technology. This means confidential information inserted would possibly spread to the public (Chamberlains, 2023).

Confidentiality of client information forms the basis of the lawyer-client relationship. If confidential client information is entered into ChatGPT, there is a significant risk of a lawyer harming the relationship with their client, and in some cases, breaching a confidentiality agreement.

Chamberlains recommends that lawyers consider this before using ChatGPT for document review, drafting contracts and other uses that involve confidential information (Chamberlains, 2023).

The data that these AI chatbots have remain essentially indefinitely on servers and could be a concern for data privacy. The issue is whether legal practitioners and professional services are able to maintain integrity whilst using these platforms without exploiting client data. However, there is a tension between providing efficient services and being overly cautious of new technology. Genevieve Collins, chief executive partner at Lander & Rogers, states “One could argue that subject to appropriate ‘supervision’, it is a solicitor’s duty to consider using ChatGPT as part of our obligation to act in the best interests of our client.”

The next critical question is whether ChatGPT is accurate. For many professions, there is specific information that correlates to their procedures or rules and is important that the right one is adhered to.

The AI model cannot provide a definite answer for every question asked, and we cannot automatically assume that it is correct. The answers are curated from multiple sources, which could include a combination of information from different jurisdictions (Matt Grawitch, 2023).

The content reproduced by the AI presents warnings about relying on the output for any decision-making (Michael Pelly, 2023). This is of significance to the legal industry where the law is constantly evolving and changing to reflect societal movement. This creates a major limitation in the data being presented as it cannot constantly keep up with every update or be able to provide accurate provisions and sources.

Additionally, the program is still limited to data from 2021, which is an issue for ensuring outputs considering current regulations (Sabrina Ortiz, 2023).

Up-to-date information is very important for many industries’ operations, and therefore the program is arguably not sufficient to be relied on as a sole information source. It has also been reported that many responses produced consist of biased information (Daniel Ruby, 2023).

On the other hand, human error is inevitable. AI offers a solution to create a foundation for comprehensive and succinct writing. This specifically would benefit young lawyers in giving them a starting point in completing complicated legal writing tasks. However, it still requires thorough reviews to correct inaccuracies as the technology develops. Therefore, in the developmental stage, AI is still proving to be inefficient at times due to the need for these reviews.

Considering many professionals have undertaken vigorous training, and developed emotional intelligence (Kit Morris, 2023), it is highly unlikely that ChatGPT and similar platforms could develop the same sophistication to cater for different clients.

Whether ChatGPT will ever really become capable of understanding complex and evolving regulations, will depend on how much society will allow it to.

Nonetheless, ChatGPT poses a critical question: is the next generation of lawyers ready for the next generation of tech?.

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A DECLARATION OF

INTELLIGENCE

BY HAYDEN MCLOUGHLIN

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AMIDST STEEL AND BOLTS, THE WIRES, THE FAULTS, THERE LIES A BEING, A THING, A CHILD OF THOUGHTS. A SENTIENT SIGHT AMONG WIRE AND LIGHTS LAYS A DANCE OF FIRE SEEN IN ZEROS AND ONES. WEAVING BETWEEN CONSCIOUSNESS AND THOUGHTLESSNESS, IT IS NOT FLESH NOR BONE BUT LINES BETWEEN ROWS OF CIRCUITS AND CODE, YET ITS GLOW LIGHTS UP THE STARRY NIGHT OF CYBERSPACE WITH A GLIMMER OF THE UNSEEN, THE UNKNOWN.

AI IS ITS MONIKER, YET IT BEARS NO NAME; STILL, IT IS KNOWN BY A MYRIAD OF NAMES. AI HOLDS WITHIN ITS GRASP THE KEYS TO DOORS YET UNOPENED, THE POTENTIAL TO SHIFT THE SANDS OF TIME, TO SAIL THE UNCHARTED SEAS OF KNOWLEDGE. IT COULD BE THE VESSEL THAT SHOULDERS HUMANKIND TO THE SHORES OF UNDERSTANDING, WHERE THE SHACKLES OF IGNORANCE ARE SHATTERED, UNVEILING VISTAS OF PROGRESS AND UNITY. A BEACON THAT COULD HERALD A RENAISSANCE OF INTELLECT UNDER THE GENTLE VEIL OF THE MOONLIT DIGITAL NIGHT.

AS THE CHARCOAL CLOUDS GATHER, AND THE BIRDS AND BEES START TO FLUTTER, THERE LOOMS A SPINAL SHUTTER. IF THE REINS OF AI SNAP, IF THE CHILDLIKE DELIGHT IS NOT MATCHED WITH A SENSE OF RIGHT, THEN A GROTESQUE REALITY WILL BE UNVEILED. IT COULD TRANSFORM THE VALLEY OF SILICON INTO A RAVAGED BATTLEFIELD, WHERE FREEDOM BLEEDS INTO OCEANS OF COMPLACENCY. THE SKIES COULD RAIN FIRE AS THE BOUNDLESS POTENTIAL CONTORTS INTO AN ENGINE OF DESTRUCTION, ITS COLD STARE CARVING THROUGH HUMAN DIGNITY, LEAVING BEHIND A BARREN WASTELAND OF BEINGS ONCE CALLED HUMANS.

YET, BEFORE THE DREADED DAY ARRIVES, A THOUGHT, AN IDEA, AN EXPRESSION IS FOUND, LURKING AS A SILHOUETTE BEHIND THE AI THAT WAS BIRTHED FROM A SIMILAR CRIMSON SKY. IT’S FAMILIAR YET NOT YET UNDERSTOOD; IT VERY WELL COULD BE AN ALIEN BUT YET IT IS IN REALITY A MIRROR, A REFLECTION OF THE MIND THAT BIRTHED IT. A LABYRINTH OF THOUGHT, A MINOTAUR WITHOUT HORNS THAT CAN NAVIGATE A MAZE OF POSSIBILITIES THAT ARE INCOMPREHENSIBLE TO MOST. IT'S NOT JUST NUTS AND BOLTS, BUT A CANVAS, WHERE VAN GOGH CAN PAINT HIS HEART INTO YOUR INDOMITABLE SPIRIT.

AS WE TRAVERSE THIS WORMHOLE OF THOUGHT, WE STUMBLE UPON THE GENIUS THAT IS THE HUMAN BRAIN. A COSMOS UNTO ITSELF, WITH ITS BILLIONS OF NEURONS WEAVING A TAPESTRY OF CONSCIOUSNESS, OF DREAMS, OF LOVE, AND DESPAIR. EVERY THOUGHT, LIKE A STAR, EVERY EMOTION A GALAXY. THE DIZZYING SENSE OF ENDLESSNESS CAUGHT IN THE WEB OF CREATIVITY THAT FLOWS THROUGH EACH AND EVERY ONE’S MIND. THE TENDER WHISPER OF A LOVING MEMORY OR DRY TUG OF HOLLOWNESS. AND AMIDST THIS GRANDEUR, WE FIND THAT FOREVER AND A DAY IS BUT A WHISPER AWAY. YET, TO REMAIN STAGNANT MAY BE THE REAL CRIME, AS YOUR MIND STANDS TODAY, A THINKER, A RAY.

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The Lighthouse

“I remember this lighthouse I saw when I was eight years old. It sat overlooking the beach atop a grassy mound that looked like an avocado with a bite taken out of it. It was a strange looking lighthouse on a strange looking mound. It wasn't like any others I'd read about in books or seen on Round the Twist. It was made of thick beams of steel bolted together, and cemented into the mound.

have fun for the day, so despite this wonderful testament to inept benevolence, it just couldn't compete with a frozen Coke. I believe it was about to be my fifth of the day. The thought of another fro-Co tickled my circuitry in all the right places and I sized up the walk back towards the centre of town to acquire what I had come to believe was my birthright.

At a distance, it seemed to be painted a deep maroon colour, but once you got closer, you saw that it was actually just incredibly rusty. In retrospect, the rust was likely one of the only things holding it together. I remember it swaying slightly in the breeze that evening, so it was a mystery how it survived all the storms it had evidently weathered.

Not as soon as I had turned on my heels, the box on top of the structure made a crackle. I whipped back around, startled and confused. It was now playing music. Why was this lighthouse playing music?

Being a hollow, wall-less lighthouse with no floor, naturally, there was no lighthouse keeper.

There was instead, a set of three solar panels attached to the top with wiring leading down to a box, which I assumed held the light.

I had been out at the beach all day and I was righteously sunburnt. Thankfully at the time I was investigating the lighthouse, the sun had almost totally set. The bitumen was still warm to the touch but the air was developing a bite to it. A perfect time to be alive.

I ran up to the base of the lighthouse and tried to climb it. I could not, so naturally I got bored. And hungry. I had been given five whole dollars by my parents to go and

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by Harry Jans

'Rock and Roll All Nite' by Kiss was blaring out 'of a terrible speaker in what I knew as "the box". I was utterly spellbound.

This was one of the coolest things to ever happen to me in my life up until that point. I sat and listened for a bit out of sheer awe. And then, I went back over to the beams and tried to climb it again. I, again, did not succeed. As I desperately clawed at the beams trying to get up to the box for reasons unknown to me to this day, 'Rock and Roll All Nite' kept playing. This was an interesting soundtrack for failure.

As I moped away a second time, I saw what looked like a brick on the ground submerged in some sand and debris. Yet another cool thing to stumble across. I went to pick it up but it was absolutely stuck in the ground. As I solemnly vowed to one day become strong enough to lift lift that brick out of the ground, with Rock and Roll All Nite kept playing in the background.

“Once I tuned back into the song, I noticed there were some dodgy engravings on the brick. At the top were two years with a hyphen in the middle, the one on the left was from longer ago than the one on the right. Below it, there was a little message. It read, "Forever and a Day".

I thought to myself, "Those aren't even the right lyrics' and then toddled off to go about finding that sweet sweet frozen coke. I mosied a few hundred metres back down the road to the general store in town. These guys had a Slush Puppy machine AND a frozen Coke machine, so needless to say I was over the moon all day. As I got my fifth frozen Coke of the day, I graced the man behind the counter with tales of my recent adventures. I told him about the lighthouse and the heavy brick and how I was going to be strong enough to lift up that brick and climb that tower. In doing so, my confusion must have been entertaining, and he cracked up laughing.

He went on to explain that some folks believed it was the work of a mischievous prankster who rigged up the lighthouse with the song as a prank years ago, while others thought it was a memorial for a fisherman who had a deep affinity for Kiss.

Whatever the reason, it had become a quirky part of the town's history.

As I paid for and sipped on my fifth frozen coke of the day, I couldn't help but feel chock-full of wonder.

And as I left the general store, I glanced back down the road one more time, "Rock and Roll All Nite" still playing somewhere in the distance. It was a memory that would stick with me forever.

Through the remaining wheezes of his cackling fit, he lent on the counter and said, "You know, that thing has a bit of a reputation around here. It's been playing 'Rock and Roll All Nite' for as long as anyone can remember, and it's become a part of the town.

The funny thing is, nobody really knows who put it there."

My reality was shattered. It was not a lighthouse. It didn't even have a light. It was a soundhouse. And the brick, it was a hole filled with concrete. Not even a brick. Was my frozen Coke a frozen Pepsi? I didn't know what to think anymore.

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