Artificial intelligence is becoming ever-prevalent and highly utilized in nearly every industry globally. The legal field is slowly warming up to the idea of AI, but its use is still a foreign concept to many legal practitioners. The following is the first of a two-part series on AI use in the legal profession and the unique challenges legal practitioners will face while utilizing AI to represent their clients.
What is AI?
Artificial intelligence is a technology that enables computers to perform cognitive functions typically associated with the human mind. A common example of AI used by the general public is the program known as ChaptGPT. Where lawyers tend to get in trouble is utilizing open-network AI programs, like ChatGPT. In 2023, a New York-based attorney was busted for presenting “fake” case law to the court. The lawyer utilized ChatGPT to conduct legal research and quickly learned that the cases were entirely manufactured by the software. The lawyer signed an affidavit stating he had used ChatGPT to assist in responding to a motion, claiming that he was unaware that the AI tool was not a legitimate search engine. The lawyer was sanctioned and ordered by the court to pay a $5,000 fine.
Unlike ChatGPT, or other open database AI programs, closed network legal AI software programs are not only effective in providing expeditious solutions to legal issues but are safe for everyday use. Two of the major legal research platforms, Lexis and Westlaw, have rolled out generative AI extension tools. While there are benefits of utilizing AI, its use presents unique challenges to the legal profession. As technology continues to advance quickly, the legal field must adapt to reduce possible risks for clients.
Federal Regulation of AI
President Joe Biden recently issued an Executive Order on Safe, Secure, and Trustworthy Artificial Intelligence for the purpose of establishing safeguards to protect users’ privacy and security. The Executive Order urges Congress to pass legislation regarding data privacy to enhance privacy protection to promote the responsible use of AI. Due to the developing nature of this technology, regulation is crucial to protect consumers as AI continues to evolve and its use becomes more common in day-to-day practice.
Protecting Client Data
One of the unique challenges presented with the use of AI is protecting data that is confidential, proprietary, or protected by various regulations. For example, a lawyer may want to utilize Lexis AI+ to analyze and create a medical chronology of the plaintiff’s medical treatment for a car accident case. Using a closed-based network, such as Lexis, will ensure that the attorney is complying with HIPPA regulations when sharing protected health information with a third party. A lawyer would run the risk of breaching HIPPA compliance by using open-based AI networks. The same is true for contract and document review, where confidential or proprietary information must be protected. Privacy concerns will always arise when using AI in legal practice, but utilizing programs that take the necessary precautions to protect data will avoid any privacy concerns.
AI and Legal Expertise
Understandably, clients may be concerned that AI will replace legal expertise. While there is some debate on this subject, AI cannot replicate the legal skills and experience developed by practicing attorneys. AI is a tool to enhance client representation, not a replacement for the legal services provided by lawyers. Part II of this series will address the benefits of AI as a tool in legal practice, how lawyers can reduce stress and workload through the use of AI, and how AI can add value to client representation.
Up Next: Part II: AI Benefits and Adding Value to Client Representation
Riley L. Brown is an associate in the Birmingham office and focuses her practice on insurance defense, commercial trucking and transportation litigation, and premises liability.
About Christian & Small
Christian & Small LLP represents a diverse clientele throughout Alabama, the Southeast, and the nation with clients ranging from individuals and closely held businesses to Fortune 500 corporations. By matching highly experienced lawyers with specific client needs, Christian & Small develops innovative, effective, and efficient solutions for clients. With offices in Birmingham, metro-Jackson, Mississippi, and the Alabama Gulf Coast, Christian & Small focuses on the areas of litigation and business, is a member of the International Society of Primerus Law Firms, and is a Mansfield Rule™ Participating Law Firm. Our corporate social responsibility program is focused on education, and diversity is one of Christian & Small’s core values.
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