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by Melissa Rogozinski, Chief Executive Officer and Steve Salkin, Editor-in-Chief of Law Journal Newsletters
A version of this article first appeared in the September 2023 issue of Cybersecurity Law & Strategy.
As with most new technologies, there are those that dig into it and understand it — what it does, how it’s best used for them in their daily business, those who have heard about it and have either avoided it or know that they don’t understand it, and those who think they understand it and think they know how to use it. And so it is with AI. The latter segment is the most dangerous as these folks will go off and use AI and not realize that they’re not using it correctly, which when practicing law, can be costly not only to the attorney but to the client as well.
This article lays out a general roadmap for success in modern legal firms through the strategic incorporation of AI technologies.
On September 18, 2023, the Law & Technology Committee of the Miami-Dade Bar Association hosted a live, online CLE, “AI and Law Practice: A Roadmap for Success in Modern Legal Firms.” The star-studded panel of Ralph Losey, Esq., of Losey Law, Stephanie Wilkins, Esq., Editor-in-Chief of Legaltech News, and Steve Salkin, Esq., Editor-in-Chief of Law Journal Newsletter, come together for a healthy and in-depth discussion on the practical use of AI in your law practice, updates on AI’s tangles with the Courts, new government watch committees charged with oversight, and how Harvard, MIT, and Gartner are designing frameworks for AI in Law Practice.
The Intersection of AI and Law: A New Era
The legal industry, long characterized by its hesitance to move away from traditional practices and methodologies, is undergoing a profound shift as AI technologies gain traction. These technologies, ranging from natural language processing to predictive analytics, can never replace lawyers, but they can enhance their capabilities, efficiency, and decision-making processes. This intersection of AI and law marks a new era where innovation is becoming synonymous with legal practice.
One of the key areas where AI is making a substantial impact is in legal research and analysis. Traditionally, legal professionals have spent countless hours pouring over vast amounts of case law and statutes to build their arguments and advise clients. With AI-powered algorithms, this process is becoming astonishingly more efficient. Natural language processing algorithms quickly sift through volumes of legal texts to extract relevant information, enabling lawyers to access critical insights in a fraction of the time.
Ethical Considerations and Accountability
While the integration of AI can yield a wide range of benefits, legal practitioners must keep their ethical obligations in focus and resist the temptation to relax essential quality controls or rely too heavily on AI when creating memoranda or briefs intended for court filing. One New York litigator was humiliated to learn that he’d submitted an AI-assisted brief that cited nonexistent cases as precedent.
If an attorney uses AI to produce any legal document that purports to contain facts or advice someone will rely upon, every sentence needs to be proofread and fact checked; not just to avoid embarrassment, but to fulfill their professional oath. Every lawyer remains accountable to their client, to the court, and to the bar.
Transparency in AI decision-making processes, protection of client data, and avoiding bias in algorithmic outcomes are paramount concerns. As the legal industry increasingly integrates AI into daily operations, practitioners must uphold the principles of integrity, accountability, and professionalism to maintain public trust.
Using AI for Data-Driven Decision Making
Law firms are also adopting AI-driven analytics tools to inform their strategic decision-making processes. Predictive analytics can analyze historical case outcomes and legal trends, enabling lawyers to anticipate potential outcomes and advise clients accordingly. This data-driven approach not only strengthens the reliability of legal advice but also assists in resource allocation, helping firms direct their resources effectively to achieve better results.
For legal professionals involved in due diligence and contract review, AI-powered technologies offer an unprecedented level of precision. AI systems can quickly analyze contracts, identifying potential risks, inconsistencies, and non-compliance issues that might otherwise go unnoticed. This meticulous review process not only reduces the likelihood of legal disputes but also strengthens a firm’s reputation for thoroughness and accuracy.
Improved Client Services and Communication
Every successful legal practice seeks methods to improve the quality and speed of their client service. AI technologies are playing a pivotal role in enhancing communication between legal professionals and their clients. Chatbots can address routine inquiries and provide clients with timely updates on their cases, and a more seamless and transparent client experience. This level of responsiveness fosters trust and loyalty, vital elements for any flourishing law firm.
The Road Ahead: Overcoming Challenges and Seizing Opportunities
Employing AI in a legal practice requires a mindset open to continuing change and a commitment to learning. As technologies continue to evolve, legal professionals must remain adaptable and work to update their skill. This will involve investing time in understanding AI algorithms, learning to work collaboratively with AI systems, and adapting strategies based on new technological developments.
In the ever-evolving landscape of AI and law, the road ahead is filled with both challenges and opportunities. While AI technologies promise enhanced efficiency and accuracy, their implementation requires careful planning, investment, and a commitment to ongoing improvement. Legal professionals must work in tandem with technology, harnessing its capabilities to augment their expertise and provide unparalleled value to their clients.
Applying AI into law practice is not a distant vision; t’s a current reality that demands the attention of modern law firms. From streamlined research and data-driven decision-making to improved client services and ethical considerations, AI is reshaping the way law firms operate.
As this article is being written, Open AI announced the release of a new AI tool designed to let companies upload pertinent industry-related data to better inform the system’s algorithms. Predicting what developing technology is next to impact the practice of law seems to be a fool’s errand. There’s no need to wait to find out because AI is demonstrating that the future is now.