Wednesday, July 10, 2024

AI and the Law

 AI is a growing area of interest within the legal community both for its ability to expedite legal research and drafting.  Proponents of AI boast the enhancements in productivity, while detractors warn of potential pitfalls with regard to inaccuracy, plagiarism, and even the loss of jobs within the legal sector.  According to a recent Bloomberg article on the implementation of AI among legal professionals 53% surveyed are using it for legal research, 42% are using it for legal narratives, 34% are using it for reviewing legal documents and 23% are using it for drafting and/or creating templates for contracts. 

 

Personally, I have been reluctant to use any form of AI, such as Chat GPT for anything – legal or otherwise.  However, upon delving into the various articles, feeds, and personal recommendations it is becoming increasingly impossible to ignore the potential benefits.  A basic search about the use of AI within the legal profession resulted in the following itemization of proficiencies:

 

  • Automation of drafting (motions, briefs, contracts and settlement agreements)
  • Advances in legal research by highlighting relevant precedents and legal arguments.
  • Enhanced efficiency in legal analysis via machine learning because the AI can review and digest exponentially more than humans
  • Alternative insights as to strategy because of the enhanced analysis capabilities.
  • Concerns:  algorithmic bias, confidentiality concerns

 

It seems evident (and comforting) that for now, the AI tools available are not meant to be a substitute for attorneys or staff.  Whether used for drafting, synthesizing data, pleadings, or case law, or even tasks as basic as fielding client questions, AI should not be the end point.  Legal professionals need to confirm both the accuracy of yielded information, as well as its compliance with ethics rules.

 

101 Powerful Chat GPT Prompts for Lawyers [UPDATED List] (learnprompt.org)

 AI Tools for Legal Writing - Bloomberg Law

 

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6 comments:

  1. Adjunct Professor Scott BassettJuly 10, 2024 at 1:30 PM

    No matter what tools we use, whether it was word processing software with spell check back when I started practicing four decades ago, or the newest AI models available today, lawyers are always professionally and ethically responsible for the quality of the final product. That being the case, I urge all law students and lawyers to experiment with AI tools to see what they can do. They get better all the time.

    I subscribe to Microsoft's Copilot Pro ($20/mo) and I have been impressed with its ability to prepare an initial draft of documents and to summarize (using the Edge browser) long PDF documents.

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  2. Taylor CrosbyJuly 10, 2024 at 2:04 PM

    Jonell, I feel the same way as you do about the use of AI, in general, and more specifically in law practice. I had a former co-worker that worked for a firm that required the use of AI to generate discovery responses, and it has resulted in a huge mess for them and their clients.

    At the same time, I was in a research course last semester and I was able to utilize the AI research options on LexisNexis. It is perfect, just as you both mentioned, in that you can use these tools to help you, but then actually read what the search produces and determine if the results are appropriate for your purposes.

    I have never tried Copilot, but I am very interested in it's abilities!

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  3. Anthony ComitosJuly 10, 2024 at 2:15 PM

    From what I see, a lot of the discussion about the future of AI in law focuses on its potential to perform high-level tasks, such as legal analysis and argument formation. While I’m sure AI will eventually achieve this, I think its current value lies in its compositional, organizational, and review capabilities. Having an AI as a second pair of eyes to catch mistakes in legal documents or to restructure writing for better persuasion and flow is incredibly beneficial. Additionally, AI can sort through heaps of data and help to spot overlooked items. It can also be used to streamline more perfunctory tasks which allows lawyers to concentrate on the intellectual work. AI will most likely get better and more reliable in the future which will allow it to perform more conceptual work, but I think its potential should be directed more towards data processing and writing analysis.

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  4. Kyle McLaughlinJuly 10, 2024 at 2:45 PM

    I recently took a privacy law course and we discussed privacy implications and AI. What I took from that course is that AI is here and is here to stay for the long term. Governments around the world are playing catch up to draft laws to reign in this new technology. I am very doubtful of AI, but can certainly see the benefits of using it. I think eventually everyone will be using AI in some way, shape, or form. It is only a matter of time. Now, whether AI will replace a judge or lawyer is something I never see happening. I believe the human component is crucial to dealings within the arena of law. Jobs such as coding that require little to no human interaction may be another story.

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  5. Moneer KJuly 10, 2024 at 3:32 PM

    I think it's normal to be reluctant with any new technology and weary of what kind of change it can cause. For the most part, however, I feel as though A.I. has a lot more benefit to provide humanity than harm so long as the legal implications are thought of and regulated. Especially concerning the roles it aims to take from the economy; many of which are entry-level or starter positions many lower income families rely on. If A.I. is going to improve our ability to more efficiently handle tasks, from law to any other field, every day individuals should be able to benefit by lowering working hours and increasing pay, to start and accommodate for these changes.

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    Replies
    1. Adjunct Professor Scott BassettJuly 10, 2024 at 4:11 PM

      Moneer, you wrote: "If A.I. is going to improve our ability to more efficiently handle tasks, from law to any other field, every day individuals should be able to benefit by lowering working hours and increasing pay, to start and accommodate for these changes."

      This is an important issue. After all, isn't this the promise of all technology going back to the beginning of the Industrial Revolution? Yet it hasn't always worked out well for those at the bottom of the economic ladder. Too often, the powerful interests in society have leveraged technology to increase the gap between rich and poor and, as we are now seeing, actually undermine democracy.

      We will need to be particularly vigilant with AI to ensure it does not hurt us more than it helps us. For now, I am more excited than fearful. That could change in a hurry depending on how well it is regulated.

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