Asking the Wrong Questions

Maybe when it comes to the chat bots and art bots and other such creations, we’re asking the wrong questions.

I mean, if a chat bot can pass the bar exam, the question shouldn’t be “can a chat bot practice law” but rather “does the bar exam do a good job of determining whether someone would make a good lawyer.”

Having taken a bar exam, I can assure you it’s primarily a hazing ritual. I’m sure the chat bots do very well on the multistate multiple guess portion of the exam, which requires you to memorize vast amounts of information, much of which is not relevant to actual practice.

My experience with bar exams is out of date, but when I took it, we had to learn all the old common law (based on British law) definitions of criminal behavior. These were no longer in use in Texas (where I took the bar) or in any other state that had adopted a modern penal code.

I bet a chat bot is hell on wheels at stuff like that, but I suspect a bot lawyer would not know what to do in a situation where its client was before a judge for revocation of probation (on a felony drug charge) and the judge, in the middle of ranting at its client, gave it a huge wink.

I’m not even sure how a chat bot would know about the wink, but assuming a bot could see it, I suspect it wouldn’t know it was a signal that the judge wasn’t going to revoke probation.

The time it happened to me, I knew what it meant. In fact, I knew from the moment the judge started ranting that he wasn’t going to send my client to prison. He winked at me because I was a young lawyer and he wasn’t sure I understood yet that he was yelling at my client in lieu of revoking probation.

The real practice of law is about subtleties. I suspect algorithm-driven software fueled by large language models is very useful in plowing through reams of documents and will get better, but it’s going to be crap at the negotiating table or in the courtroom where you have to read people as well as put the right information before them at the right time.

Continue reading “Asking the Wrong Questions”

Who Counts as a Person?

Back in 2002 I wrote a story about an upper-middle-class young man who got arrested in Louisiana because his physical appearance contradicted his sex genotype: he looked male, but his genotype was XX. He ended up in a jail cell with several transwomen, some drag queens, a lesbian, and a woman who was his opposite: she appeared female but had an XY sex genotype.

This story was set in 2023.

I believed in this story, so I sent it out to every magazine and anthology I could think of. Nobody wanted it. I don’t know why they didn’t like it, but perhaps it was because it seemed too unlikely at the time. Or maybe I was just ahead of the curve in gender stories.

Fast forward to the actual 2023, where Tennessee just adopted a law restricting drag shows and many other states are in the process of following suit. My made-up Louisiana law prohibiting people from dressing or appearing in a way that contradicts their sex genotype no longer looks like science fiction.

It’s almost enough to make me send the story out again, except that these days I bet magazines would turn it down because it’s too much like the real world of today.

Thinking about it reminded me of another story of mine, one I wrote back in the 1990s. It turned on whether clones were people or property under the U.S. Constitution.

That one, called “Passing,” did get published. In fact, it won a contest sponsored by the National Law Journal. Continue reading “Who Counts as a Person?”