What is AI?
In today’s rapidly advancing technological landscape, artificial intelligence (AI) is increasingly being used to streamline tedious tasks and improve efficiency in various industries. One area where AI is being utilized is in transcribing audio for captions, meeting minutes, and more. AI transcription services use sophisticated algorithms to convert spoken words into written text, saving time and resources. Due to the large volume of oral evidence that is heard in a legal proceeding, it is natural to wonder if there is a place for AI in the legal setting.
AI is taking the world by storm with most professions seeking to harness its power to make workloads more streamlined, and the legal profession in New Brunswick is no exception. Eunota is experiencing a growing trend whereby lawyers are requesting they take their own personal recording of a discovery or hearing for use in AI notetaking; we have some thoughts.
Eunota’s Stance
First and foremost, a certified stenographer appointed by the Minister is the only person in the room authorized to record the proceeding, per the Recording of Evidence Act. Additionally, multiple recordings of a proceeding could undermine the integrity of the official record, lead to breaches of confidentiality, and expose parties to liability if a recording is improperly used or distributed.
The act of uploading a recording to an AI transcription service alone is distributing a confidential piece of evidence to a third party (i.e. Otter.ai, ChatGPT, Trint). When the third party has ownership of the audio, we lose control of how it is being used. A big concern of ours is that it could be used to aid in machine learning – your private discovery could be used, verbatim, when users of programs like ChatGPT are asking AI to create documents. Allowing unauthorized recordings during the legal meeting is potentially opening your client’s testimony up to the online world. This is what, we stress, must be visualized when the request is made to make duplicate recordings.
For these reasons, Eunota Court Reporting will refuse any request for multiple recordings during proceedings on which we are the authorized stenographer.
Moving Forward
In this article, we are trying to help our clients in New Brunswick understand the risks involved with this new advancement. That being said, we also understand that there are many advantages to AI transcription that some of our clients would like to explore. This is why we are also piloting a new service to provide AI transcription of our in-house recordings on our new offline, closed circuit computer. This dedicated computer can process our audio into text; the output is rougher than that offered by paid subscriptions, but the benefit is that the audio is not shared with any third party. It does not leave Eunota’s control, cannot be used in any machine learning, and we can guarantee that files are deleted after the transcription has been run. We can also process audio recordings sent to us by our clients who wish to harness AI transcription without the risk associated with using third parties. Seems perfect, right?
Not quite. We have tested several AI services using non-confidential audio recordings (me talking aimlessly or reading books into the microphone). The transcripts are generated phonetically, which means based on the sounds alone. Often, the text makes no sense whatsoever, large portions of the audio was missed, or the text was opposite to what was actually said. Our AI transcription is better than what we have paid for with other services, but is still far from perfect. This is very much a developing technology; one in which the law has not caught up on its use in the legal profession.
This begs the question: what’s the point, then? Oral evidence that is transcribed is often scrutinized, line by line, word by word, to dissect meaning. If the AI generated transcript is wrong, at all, your AI generated notes and summaries will also be wrong. This lack of reliability makes it hard to justify its use. That being said, an AI transcript will be able to capture far more than any articling clerk.
Conclusion
The use of AI transcribed legal proceedings has both pros and cons that must be carefully weighed. While AI transcription can improve efficiency in legal practices, the potential accuracy and confidentiality issues associated with outsourcing transcription to third parties cannot be ignored. It is crucial for legal professionals to carefully consider the risks and benefits of using AI transcription services and take steps to safeguard sensitive information.
Ultimately, the decision to use AI transcribed legal proceedings should be made with caution and a thorough understanding of the implications involved. Eunota’s new service is here to help those wishing to explore this new advancement without the risk. The certified transcript that has been written, reviewed, and proofread by human eyes will always be the standard in reliability, accuracy, and use in a court of law. It is an art to be able to process and transmit the verbal word into the written, and no computer will ever match the nuance that an experienced court stenographer can capture. Also, one word: chiac. Good luck with that, computers! #jobsecurity
Contact us today if you are interested in this service or have comments on this post. We strive to improve and meet our clients’ needs at every turn.