A Personal Test of ChatGPT in Legal Translation and Drafting

Since I heard of ChatGPT from colleagues in the industry in late 2022 and how it was able to produce polished texts, a sense of fear and uncertainty began to creep in. It became increasingly apparent that AI could replace individuals who rely on drafting as part of their work tasks. However, when I recently put ChatGPT to the test to experience its translating and drafting capabilities, my fears were allayed.

French into English translation of legal terms

Challenges with Translating Legal Terms Like “Insouciance”

I began by typing in some key words in French I had recently researched for a legal translation project to find their English equivalents. The first word was “insouciance” which is understood or interpreted in Canadian criminal law as “recklessness”. However, ChatGPT was unable to provide the appropriate answer despite specific instructions to translate it in the context of Canadian criminal law. It instead suggested a few synonyms such as “carelessness” and “indifference”, making it no more helpful than a basic Google search.

Misunderstanding the Context of “Poursuivre”

Another instance of mistranslation is for the word “poursuivre” in a legal context. In English, this means “to sue” or “to take legal action” in a civil law context, and “to prosecute” in a criminal law context. But due to the formulation of the sentence, ChatGPT was unable to discern this distinction. In the phrase “C’est la victime qui poursuit”, it was unable to differentiate between civil and criminal implications. It further added a factually incorrect explanation: “This phrase indicates that the legal action being taken, often in a criminal case, is initiated and pursued by the victim of the offence rather than by the state or government authorities.” I have yet to encounter a legal system in which the victim, not the State, is responsible for prosecuting cases.

The Complexity of “La Prescription” and Its Contextual Variations

Finally, the term “la prescription” poses more of a challenge as it requires legal expertise, and research if we are unsure. It’s crucial to consider the audience and the context. For example, nuances arise when comparing time limits for filing a lawsuit (in civil) versus prosecuting (in criminal cases). Outside of Quebec, this term is translated as “limitation period” or “statute of limitations” for both civil and criminal matters. If the intended audience is from Quebec, we may use “prescription” for both contexts. If the intended audience is Canadians regardless of location, (for example in the case of a Canadian legal magazine that has subscribers across the country), a suitable alternative like “limitation period” can be utilized as a workaround.

The Limitations of AI in Legal Translation and the Importance of Expertise

By relying solely on ChatGPT for translations of this nature, the error could be costly. Legal translation plays a critical role for businesses operating globally, as well as those based in Canada, including major hubs like Montreal and Quebec. These services are essential not only for ensuring linguistic accuracy but also for addressing the cultural and legal expectations of the target audience. Whether translating contracts, court documents, or corporate policies, the nuances of legal language demand expertise to avoid costly errors and misunderstandings.

There are many similar examples where research is necessary without which ChatGPT would only generate one of several possibilities for a translation when there is only one or two English equivalents for a given legal word.

Therefore, in the case of translation, ChatGPT performs no better than neural machine translation (NMT) systems such as DeepL or Google translate. It is important, however, to exercise caution when using these systems, particularly when providing sentences that contain sensitive data such as information that could potentially identify an individual or business. It is highly likely that such information could become accessible to the public.

How ChatGPT Performed in Text Revisions

Improvements in Word Choice and Tone Adjustment

Next, to test ChatGPT’s drafting abilities, I asked it to correct a sample text I had written to a fictitious potential client. This was more impressive. Not only was it able to improve word choices and declutter a text, but it also successfully adjusted the tone (level of formality) as instructed. Yet, after reviewing all versions of the text, I was not entirely satisfied with the outcome.

Lack of Human Touch in Revisions

First, the corrections provided were suggestions, some of which I agreed with because they sound better. Others were merely alternative phrasings that conveyed the same meaning, without necessarily being better or more correct. For instance, it changed “depuis l’enfance” to “depuis mon enfance”. In another instance, it also repeated the last words of the final sentence at the beginning of the next sentence rather than finding a workaround like I had done in my original draft.

The Limits of ChatGPT’s Tone Adjustments

Second, although the tone of the writing can be adjusted to your liking, it lacks the human element that captures the individuality and uniqueness of each person’s writing style. While ChatGPT can produce grammatically correct sentences with a natural flow, it may be no better than any existing grammar software such as Antidote or Grammarly in this regard.

Conclusion: A Helpful Tool, but Not a Replacement

What I conclude from using ChatGPT is that while it is helpful and can be used as an additional tool alongside NMTs, we should not solely rely on it for drafting, translation or revisions. Whether in Quebec, Canada, or globally, legal translation requires the expertise and nuance that AI alone cannot always provide.

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