The law has come a long way since the clay tablets containing the Code of Ur-Nammu. From hand-written documents and the printing press to conducting almost all business digitally, the legal profession has always adapted to changes in technology.
The general feeling is that we are in the midst of another such seismic shift with artificial intelligence (AI). While creators and proponents may have oversold its capabilities a bit at first, there's little doubt that generative artificial intelligence (GAI) already has a place as an important tool for legal professionals. Understandably, however, many lawyers report some reluctance to fully embrace AI. Others may feel like they are behind on the curve.
As with any new technology, GAI comes with ethical, financial and operational questions that need to be addressed. However, it's relatively easy to test whether GAI will be a help or hindrance to your practice.
The first step requires understanding what it can do, how it operates, and what issues may crop up. Those who jump into using GAI without preparation or research may cause more problems than they solve. However, with improved efficacy and easier completion of onerous tasks on the table, the incorporation of GAI into the daily world of legal professionals is increasingly commonplace.
It's a Floor Wax AND a Dessert Topping
Results to date seem to point toward GAI becoming more of a useful tool than an earth-shaking replacement for the work force. Using a process called scraping, GAI scours the internet for data to learn from. This allows it to accomplish tasks like proofreading, creating images, and generating content.
By now, you know not to expect GAI to produce flawless legal documents or hash out a complicated negotiations playbook. One study on legal models found that generative AI hallucinates at least once every six queries. But it is improving in the tasks it can reliably accomplish, and most legal professionals expect GAI to have a lasting and perhaps profound effect on the industry. This means that becoming familiar with what GAI can and cannot do is a necessity.
Understand Your Tools
A person who picks up a hammer for the first time is unlikely to perfectly drive in a nail with their initial blow. Understanding what can be accomplished using GAI and what sort of problems might be encountered means not expecting flawless results went starting out. Doing research before choosing a suitable GAI is vital, as it taking it for test runs before using it for something important. What you get out of GAI is often directly related to how good of a prompt you give it.
Remembering that GAI is a tool and not an attorney is also crucial. GAI should not be used as a source for stand-alone legal advice, negotiations, drafting, or a matter that requires your judgment or participation. GAI has returned information that is incorrect, unsubstantiated, or completely made-up. Never rely on a citation from GAI. It has a tendency to make them up, pulling in a citation that would be directly on point and extremely helpful to your legal argument, if only it existed.
What can it do? It can often spot grammatical errors in your writing, offer up ideas, point you in a direction for research, or get a head start on an outline or draft for a contract. Are you up against a deadline? GAI can summarize caselaw for you so you can sift through the noise more quickly, drilling down to the cases you really need.
With Light to Moderate Power Comes Standard Responsibility
Whether GAI ever meets its lofty selling points, its emergence and usage requires acknowledgement in the legal world. On July 29, 2024, the American Bar Association (ABA) released Formal Opinion 512. The document addressed how GAI might affect the legal profession, how it meshed with the ABA Model Rules of Professional Conduct, and what attorneys needed to be aware of when using GAI:
- Protect Your Client's Information: If precautions aren't taken, the GAI used to scrape information can also have information scraped from it. Attorneys have an ethical obligation to safeguard their clients' private information. Attorneys using GAI should have informed consent from their clients to do so. They should also know the policies and protections of the GAI model they're using and consult experts about the security level.
- Being Transparent With Your Clients: The ABA's Formal Opinion states that letting clients know about the use of GAI and getting their permission is an ethical responsibility for all attorneys. They also need to know if legal decisions will be based on the lawyer's knowledge and experience or if they plan on deferring to results provided by GAI.
- If You Use It, You Own It: "Sorry, the GAI made a mistake," is an excuse that will carry little to no weight with the court. Attorneys are responsible for whatever is in the documents they submit regardless of whether it was GAI-generated or not. A false statement is always a false statement. Some courts require notification if GAI is used by an attorney.
- Goose, Gander, Etc.: Firms using GAI should have clearly defined guidelines and protocols in place so that all personnel are on the same page.
- Everything's Got a Cost: Successful implementation of GAI should be reflected in how a client is billed. If using GAI to proofread a lengthy document reduces the time spent from an hour to 30 minutes, the shorter time period is what should be billed. The clients are also not responsible for time spent training on GAI.
While the technology changes, basic ethical code still applies to attorneys and firms.
The Future Is Now
The legal world has weathered a number of technological advantages, with most serving as a decided upgrade. It's unlikely many older attorneys miss the days of drafting a lengthy legal document on a typewriter despite the initial adjustment period needed to transition to a computer instead.
Exactly how large a role GAI will play in the legal profession is yet to be determined, but it seems likely to become an invaluable tool - at least until the next new thing shows up.
Related Resources
- Legal Technology (FindLaw's Legal Technology Section)
- Bumpy Road Ahead for All in Adoption of AI for Legal Industry (FindLaw's Practice of Law)
- Law Firm Management (FindLaw's Law Firm Management Section)
