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There’s no denying that synthetic intelligence (AI) is having an incredible impression on the authorized trade. With over one in 5 attorneys already utilizing AI of their practices in keeping with the Legal Trends Report, it’s protected to say that AI is right here to remain. Nevertheless, the enthusiastic adoption of AI within the authorized trade has not come with out potential AI authorized points. We’ve all heard the tales about lawyers citing fake, AI-generated cases in briefs and the implications arising from their oversight.
Extra not too long ago, there’s been concern over the consequences facing law firms who signed onto Microsoft’s Azure OpenAI Service, which gives entry to OpenAI’s AI fashions by way of the Azure Cloud. Greater than a 12 months after signing on, many legislation companies turned conscious of a time period of use stating that Microsoft was entitled to retain and manually evaluate sure consumer prompts. Whereas this time period of use may not be regarding by itself, for legislation companies—who could or will not be sharing confidential consumer info with these fashions—this time period represents a possible breach of consumer confidentiality necessities.
These examples are certainly not meant to scare attorneys away from AI—fairly, they symbolize a number of the potential pitfalls of adopting AI know-how that legislation companies should concentrate on to successfully undertake AI whereas additionally upholding their skilled duties and defending purchasers.
On this weblog submit, we’ll discover a number of the potential authorized points with AI know-how—and what legislation companies can do to beat them. Take into account that, on the finish of the day, your jurisdiction’s guidelines {of professional} conduct will dictate whether or not—and the way—you employ AI know-how and the solutions beneath are supposed to assist attorneys navigate the muddy waters of AI adoption.
With that in thoughts, let’s have a look at a number of the questions legislation companies ought to be asking themselves if they’ve adopted, or are planning to undertake, AI of their practices.
What does my bar affiliation say about AI use?
For attorneys, your start line ought to be your bar affiliation’s guidelines {of professional} conduct together with ethics opinions that deal with AI use.
Several states have already launched advisory AI ethics opinions outlining whether or not and the way attorneys can use AI when training legislation. Unsurprisingly, AI ethics opinions just like the one recently released by the Florida Bar prioritize sustaining consumer confidentiality, reviewing work merchandise to make sure they’re correct and enough, avoiding unethical billing practices, and complying with lawyer promoting restrictions.
In case your bar affiliation hasn’t launched an advisory AI ethics opinion, flip to different states who’ve—their opinions may also help information what it is advisable be looking for when utilizing AI. It’s additionally important to evaluate your bar affiliation’s guidelines {of professional} conduct and think about how the relevant ideas might apply to your use of AI. For instance, broad instructions on competence or sustaining consumer confidentiality will probably have a bearing on how your agency chooses to implement AI know-how and what processes you’ll observe when utilizing it.
Actions:
- Decide whether or not your jurisdiction’s bar affiliation has launched any ethics opinions referring to AI utilization (and, if it has not, seek the advice of present AI ethics opinions in different jurisdictions for perception).
- Evaluation your bar affiliation’s guidelines {of professional} conduct and think about how the relevant ideas might apply to your use of AI.
What do my AI device’s phrases of service say?
Not all AI instruments are constructed equally—and never all AI instruments have the identical phrases of service. As famous within the Microsoft Azure instance above, in case your agency fails to completely evaluate the device’s phrases of service, you is likely to be lacking out on vital details about how your info is getting used—operating the chance of operating afoul of consumer confidentiality necessities.
Because of this, it’s important for legislation companies to completely vet AI options earlier than utilizing them. Do your analysis and, if acceptable, seek the advice of a number of fashions to make sure that your answer of alternative aligns along with your agency’s targets and doesn’t create unneeded danger. For instance, present instruments like Harvey AI and Clio’s forthcoming proprietary AI know-how, Clio Duo, are designed particularly for legislation companies and function on the precept of defending delicate authorized information.
Actions:
- Earlier than adopting AI know-how, completely vet the device—together with its phrases of service—to find out whether or not the device is acceptable on your legislation agency’s wants.
- Think about AI instruments designed particularly for legislation companies, equivalent to Harvey AI and Clio’s forthcoming proprietary AI know-how, Clio Duo.
What’s my agency utilizing AI for?
A secondary consideration when bringing AI into your legislation agency is straightforward: What do you intend to make use of AI know-how for? Totally different AI fashions can serve totally different functions—and include totally different dangers. Likewise, the aim for which a legislation agency needs to make use of AI can create kind of danger for a legislation agency.
After we requested what attorneys have been at the moment utilizing AI for within the 2023 Legal Trends Report, authorized analysis and drafting paperwork got here out on prime. Nevertheless, our analysis additionally uncovered that many attorneys are desirous about utilizing AI to assist with different document-oriented duties, like discovering and storing paperwork, getting paperwork signed, and drafting paperwork.
Right here, we see some nuance in potential danger. For instance, utilizing AI for authorized analysis (say, asking an AI mannequin to supply case legislation that matches a specific set of info (with out exposing consumer info), or summarizing present case legislation to supply the salient factors) could possibly be thought of decrease danger than, say, asking an AI mannequin to retailer paperwork. On this sense, context issues—which is why it’s vital for legislation companies to obviously define their targets earlier than adopting AI know-how.
Actions:
- Think about what your legislation agency hopes to attain with AI, together with the particular duties that your agency will use the AI device for, and establish any related dangers that can should be addressed.
Has my agency clearly outlined its stance on AI use?
As soon as your agency has clearly outlined targets referring to AI use, it’s equally vital to make sure these targets are clearly articulated. That is the place a legislation agency AI coverage may also help. By first figuring out whether or not and the way your agency ought to be utilizing AI, after which outlining these expectations in an AI coverage, you possibly can assist be certain that your complete crew is on the identical web page and decrease your danger of operating into potential points.
Actions:
- Develop an AI coverage outlining which AI instruments have been accepted by your agency and the way staff are anticipated to make use of the instruments.
What do my staff have to find out about AI use?
Creating an AI coverage on your legislation agency is only one part of guaranteeing firm-wide accountable AI use. To assist guarantee your staff are on the identical web page, it’s additionally vital to speak your expectations. Whereas an AI coverage helps, persevering with schooling can also be vital. Be sure you focus on your expectations with staff and implement coaching to make sure your staff know how you can use the AI software program responsibly. By providing ongoing schooling, equivalent to lunch and learns or common AI conferences the place staff can focus on AI matters or ask and reply questions, your agency may also help foster a way of openness and collaboration amongst crew members and be taught from one another’s successes and challenges.
Actions:
- Educate staff on accountable AI utilization, together with their obligations below your agency’s AI coverage.
- Provide ongoing schooling, equivalent to lunch and learns or common AI conferences, to encourage staff to debate AI matters or ask and reply questions.
AI authorized points: our remaining ideas
The enthusiastic adoption of AI within the authorized trade presents countless alternatives for effectivity and innovation, however it additionally comes with vital authorized issues that legislation companies should deal with. As demonstrated by examples such because the potential breach of consumer confidentiality with AI service suppliers, legislation companies should navigate a posh panorama of moral {and professional} tasks when integrating AI into their practices.
To beat these challenges, legislation companies should completely evaluate their jurisdiction’s guidelines {of professional} conduct, search steering from advisory AI ethics opinions, and thoroughly vet any potential AI options. Clear communication of AI insurance policies and ongoing schooling for workers is equally important to make sure that AI options are used responsibly firm-wide. By taking proactive steps to handle these potential AI authorized points, legislation companies can harness the ability of AI whereas upholding their dedication to moral and accountable authorized apply.
Think about, too, the position that legal-specific AI instruments can play in guaranteeing that your legislation agency can responsibly undertake AI know-how. For instance, Clio Duo, our forthcoming proprietary AI know-how, may also help legislation companies harness the ability of AI whereas defending delicate consumer information and adhering to the very best safety requirements.
We revealed this weblog submit in April 2024. Final up to date: .
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