Recent AI Developments—Can AI Replace Attorneys?

Advertising Law

I asked ChatGPT why truth in advertising is important. Here is the result.

In today’s world, advertising is an integral part of our lives. We are exposed to a plethora of ads every day, from billboards to social media. While advertising can be an effective way to promote products and services, it can also be misleading and deceptive. This is where the importance of truth in advertising comes in.

Truth in advertising refers to the practice of providing honest and accurate information about a product or service in advertising. It is an ethical and legal obligation of advertisers to present the truth and not mislead the consumers.

One of the primary reasons why truth in advertising is important is that it builds trust between consumers and companies. When companies provide honest and accurate information about their products, it creates a level of transparency that consumers appreciate. This transparency builds trust, which in turn can lead to customer loyalty and repeat business. In contrast, if companies mislead consumers through false advertising, it can damage their reputation and erode consumer trust. This is particularly important for small businesses that rely on building long-term relationships with their customers.

Another reason why truth in advertising is important is that it protects consumers from harm. When advertisers mislead consumers about the benefits or risks of a product, it can lead to serious consequences. For example, if a pharmaceutical company claims that their drug is effective for a particular condition without providing sufficient evidence, it could put patients at risk. Similarly, if a food company misleads consumers about the ingredients in their products, it could lead to allergic reactions or other health problems.

Truth in advertising is also important for competition. When companies provide accurate and honest information about their products, it allows consumers to make informed choices. This, in turn, encourages competition among businesses to produce better products and provide better services. If companies mislead consumers through false advertising, it can create an uneven playing field and harm businesses that are truthful in their advertising.

Moreover, truth in advertising is essential for the overall health of the economy. Misleading advertising can lead to a misallocation of resources, with consumers purchasing products that do not meet their needs or expectations. This can lead to waste and inefficiency in the market. In contrast, when advertising is truthful, it can help consumers make better choices, which can lead to increased efficiency and productivity in the market.

Finally, truth in advertising is important from a legal standpoint. There are laws in place that require advertisers to provide accurate and truthful information about their products. These laws are designed to protect consumers from deceptive advertising practices and to ensure a level playing field for businesses. Advertisers who violate these laws can face legal consequences, including fines and legal action from consumers.

In conclusion, truth in advertising is important for many reasons. It builds trust between consumers and companies, protects consumers from harm, encourages competition, promotes efficiency in the market, and is required by law. Advertisers have an ethical and legal obligation to provide accurate and truthful information about their products, and consumers have a right to expect honesty and transparency in advertising. By upholding truth in advertising, we can create a healthier and more productive economy and ensure that consumers are protected from deceptive practices.

That is a very good answer. It covers the main reasons why truth in advertising is important.

It also raises the question as to whether artificial intelligence (AI) can replace attorneys, particularly advertising attorneys.

AI is the simulation of human intelligence by machines, especially computer systems. AI chatbots such as ChatGPT are a new technology that is rapidly transforming the internet industry. Chatbots are computer programs designed to simulate conversations with human users. According to an article in The New York Times, “The Chatbots Are Here, and the Internet Industry Is in a Tizzy” - The New York Times (, “Chatbots have ignited a scramble to determine whether their technology could upend the economics of the internet, turn today’s powerhouses into has-beens or create the industry’s next giants. Not since the iPhone has the belief that a new technology could change the industry run so deep.” The article states that rarely have so many tech sectors been simultaneously affected. A market research firm predicts that AI systems could disrupt $100 billion in cloud spending, $500 billion in digital advertising and $5.4 trillion in e-commerce sales.

Many of us use AI without knowing it. When you are drafting an email or text message and there are autocomplete suggestions for sentences, that is AI at work.

Chatbots are already replacing human workers in the workplace. Resume Builder, a career site for creating resumes, released a survey that found that nearly half of companies using ChatGPT say that it has replaced workers. The survey polled 1,000 business leaders, finding that 48% of respondents say their companies have replaced workers with ChatGPT since the chatbot debuted in November 2022. CMSWire, ChatGPT Is Already Replacing Humans in the Workplace.

Members of Congress have recently expressed concerns about the dangers of AI. They are concerned about AI technologies that might cause harm, such as facial recognition, that can be used to violate privacy rights. However, no bill has yet been proposed in Congress to protect individuals from the potential harm caused by AI. “The problem is that most lawmakers do not even know what AI is,” according to one Congressman. The New York Times, “As A.I. Booms, Lawmakers Struggle to Understand the Technology” - The New York Times (

The Federal Trade Commission (FTC) has issued consent orders against companies that have used AI in deceptive ways. For example, the FTC issued a consent order against a company that deceived consumers about its use of facial recognition technology and its retention of the photos and videos of users who deactivated their accounts. Federal Trade Commission, “California Company Settles FTC Allegations It Deceived Consumers About Use of Facial Recognition in Photo Storage App”. The FTC has also proposed commercial surveillance rules to restrict the collection of data used in AI technology. Federal Trade Commission, “FTC Explores Rules Cracking Down on Commercial Surveillance and Lax Data Security Practices.

The FTC has issued new guidance warning advertisers not to make false or unsubstantiated claims about AI products. The FTC highlighted four major considerations: (1) do not exaggerate what your AI product can do; (2) do not promise that your AI product does something better than a non-AI product without adequate proof; (3) know about the reasonably foreseeable risks and impact of your AI product before putting it on the market (“If something goes wrong – maybe it fails or yields biased results – you can’t just blame a third-party developer of the technology. And you can’t say you’re not responsible because that technology is a ‘black box’ you can’t understand or didn’t know how to test”); and (4) consider whether a product actually uses AI. If a product is not actually AI-enabled, then do not claim that it is an AI product. Merely using an AI tool in the development process is not the same as the product having AI in it. The guidance concludes: “You don’t need a machine to predict what the FTC might do when those claims are unsupported.”

AI is being used in the advertising industry as a copywriting tool. There are already a number of different AI copywriting tools. This is how they work: “First, you decide what you want to write about and the type of content you need. This could be anything from a blog post to a short ad. Then, you set certain parameters for the AI tool to follow. For example, maybe you decide you want a social media post advertising a new yoga class. Once the machine receives the instructions, it generates content based on these parameters by analyzing similar preexisting content from around the web and processing it into something new and plagiarism-free.” Neil Patel, Best AI Copywriting Tools (2023 Update). The upside is that AI copywriting tools can save copywriters from the “writer’s block” that every writer experiences at some point, helping them to get started. The downside is that AI copywriting tools don’t write anything truly original and cannot replicate human emotions. They can produce incorrect phrases, awkward wording and wooden copy.

AI is being used in the legal industry in many ways, such as assisting with document processing and classification for a wide range of legal matters, including due diligence, document and contract review, compliance, contract management, knowledge management and deal analysis. “By automating these tasks using intelligent technology, significant workflow benefits can be achieved, particularly with improved efficiency and productivity as well as greater accuracy.” Thomson Reuters, Legal AI Tools: Essential for Attorneys.

This raises the question: Can AI replace attorneys, particularly advertising attorneys?

My answer is no. To the best of my knowledge, AI cannot (at least not yet) do the following, which are routinely done by advertising attorneys:

  • Review advertising to determine the net impression conveyed to consumers
  • Determine what claims are being made in the advertising which require substantiation
  • Distinguish between the claims which require substantiation and puffery
  • Edit an agreement to advance the client’s interests
  • Identify potential copyright, trademark and right of publicity issues in an ad and provide risk mitigation strategies 
  • Provide a risk assessment to a client regarding proposed advertising, such as the risk of a challenge by regulators, competitors or consumers
  • Confer with clients to determine their objectives and concerns
  • Take into account a client’s risk tolerance when providing legal advice

In addition, an AI chatbot cannot provide legal advice under the rules of professional conduct, which means there is no protection of attorney-client privilege attached to any conversation that a user may have with an AI chatbot.

Why It Matters

Despite the advances being made by AI, including in the legal profession, it is unlikely that AI will be able to replace attorneys, including advertising attorneys. There is a significant difference between providing general legal information and providing legal advice tailored to a client’s needs. AI is adept at building on what has been done before but does not have the creativity and abstract thinking that are needed to address many legal needs. AI lacks the human touch that embodies the attorney-client relationship.



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