Posted by Post Authored By: Natalie Elizaroff
Gone are the days of endless paperwork and tedious legal tasks. Thanks to artificial intelligence (AI), law firms can now work smarter, not harder. AI has advanced rapidly in recent years and is poised to transform many industries, including the legal profession. New AI tools are emerging that can handle various legal tasks in a streamlined, automated fashion. Law firms that incorporate these AI technologies into their workflow can benefit from increased efficiency, lower costs, and an enhanced client experience.
Current AI Applications in Law Firms
Some of the ways law firms are already using AI include:
- Contract review and analysis: AI tools, like Legly and Ironclad, among others, can review and analyze contracts, Non-Disclosure Agreements (NDAs), and other legal documents much faster than humans. Law firms can use these tools to speed up the contract review process and lower the cost for clients.[1]
- Legal research: AI research tools can search, analyze, and summarize relevant case law, statutes, articles, and other materials. Attorneys can use these tools to start their research and gain insights that they may have missed if doing research manually. The tools can point them to key cases and summarize information.[2]
- Predictive analytics: AI tools are getting better at predicting litigation outcomes, sizing financial settlements, recommending legal strategies, and forecasting a judge’s tendencies. While the predictions still need a human touch, they can provide a useful data-driven starting point for attorneys.[3]
- Administrative and paralegal tasks: Mundane paralegal tasks like docketing deadlines, reviewing and organizing documents, filling out forms, and scheduling appointments can all be streamlined using AI. This can save law firms time and money, allowing paralegals to focus on more substantive work.[4]
Despite the benefits, law firms need to consider legal and ethical implications of using AI technology. There are open questions around data privacy, security, bias in algorithms, and unauthorized practice of law. Regulation may arise to place some limits on the use of AI in the legal field.
Legal Challenges and Responsible AI Implementation
With proper caution, oversight, and regulation, AI will likely transform law firms and the legal profession in the years to come. Law firms that embrace AI and effectively incorporate it into their practice can gain a competitive advantage through increased efficiency, lower costs, and improved service to their clients. The legal profession as a whole can benefit from these advances if implemented responsibly and for the right reasons.
Some potential legal challenges law firms may face when using AI include:
- Unauthorized practice of law: In some cases, AI systems may cross the line into actually practicing law without a license. This could expose law firms to legal liability and ethical issues. Laws and regulations need to clearly define what constitutes the unauthorized practice of law in the AI context.
- Lack of transparency: Many AI techniques are based on complex algorithms and neural networks that are opaque and difficult for people to understand. This lack of clarity and transparency could be problematic for law firms, especially if a system generates incorrect or legally questionable results. Regulations may require a certain degree of clarity for AI systems used in the legal domain.
- Privacy concerns: The use of AI often involves collecting and analyzing large amounts of data, which could potentially contain sensitive personal information. Law firms need to make sure the data used in their AI systems are properly anonymized and maintained securely to avoid privacy issues and comply with data protection laws.[5]
- Liability concerns: If an AI system used by a law firm generates faulty or legally problematic results that harm a client’s interests, it raises questions about who is liable and responsible. Laws and regulations will need to address these kinds of liability concerns as AI use becomes more widespread in the legal industry. Firms may also face client liability risks if not addressed properly.
The legal issues are complex but not insurmountable. With thoughtful management and oversight, law firms can implement AI responsibly and help define practices that comply with laws and regulations as technology and policies evolve. Close collaboration between technologists, lawyers, and lawmakers will be needed to navigate the rise of AI in the legal profession.
Building Transparency and Ethical AI Systems in Law Firms
Law firms can build transparency into their AI systems by following these guidelines:
- Explain the AI’s decisions: Build the AI model using techniques that can generate explanations for the decisions and predictions the system makes. For example, some neural networks are designed to be more transparent and produce explanations along with their outputs. Law firms should choose AI methods that have this capability.
- Use simpler models when possible: Simpler AI models, like decision trees or logistic regression, are often more transparent than highly complex neural networks. Law firms should use the simplest model that can solve the problem accurately. Only use very complex models when clearly needed.
- Show examples of the AI’s reasoning: Have the AI system generate examples and case studies that demonstrate its reasoning and decision-making process. These concrete examples and scenarios make the system more transparent to users and clients.
- Share information about data and training: Law firms should document details about the data used to train their AI systems, including the types of data and amounts. They should also share details on the procedures and methods used to train and tune the systems. This helps others understand the “thought process” by which the AI formed its knowledge and skills.
- Have humans verify AI decisions: While AI can streamline many legal tasks, law firms should still have attorneys and paralegals double-check the systems’ work. This helps ensure the AI is functioning properly, making accurate decisions or predictions, and capturing exceptions that fall outside its knowledge or abilities. Over time, as trust builds in the AI, less verification may be needed.
- Collaborate with regulators and policymakers: To use AI ethically and responsibly in law, firms need to work with those defining laws and regulations around emerging technologies like artificial intelligence. By collaborating, legal organizations can gain input on best practices for transparency and help shape policies that enable innovation. Dialogue and feedback will be key.
The future of the legal profession is exciting and full of potential. With the right approach to AI implementation, the legal community will find itself on the heels of a revolutionary transformation.
[1] Richard Baguley, How AI contract tools can help you understand a contract, Fast Company (Mar. 30, 2023), https://www.fastcompany.com/90873337/ai-contract-review-software.
[2] The Power of Artificial Intelligence in Legal Research, LexisNexis (May 16, 2023), https://www.lexisnexis.com/community/insights/legal/b/thought-leadership/posts/the-power-of-artificial-intelligence-in-legal-research; See also, How It Works, Alexei (2023), https://www.alexsei.com/howitworks (Alexsei is an AI platform that simplifies legal research by providing well-researched memos with summaries and quotes of relevant caselaw and legislation).
[3] Predictive Analytics, C3.ai Glossary, https://c3.ai/glossary/artificial-intelligence/predictive-analytics/. https://c3.ai/glossary/artificial-intelligence/predictive-analytics/; See also, Kevin Beasley, Unlocking the Power of Predictive Analytics with AI, Forbes (Aug. 11, 2021), https://www.forbes.com/sites/forbestechcouncil/2021/08/11/unlocking-the-power-of-predictive-analytics-with-ai/.
[4] See David J. Brown, Paralegals v. Artificial Intelligence – Friend or Foe?, The Legal Assistant (Sep. 10, 2019), https://www.thelegalassistant.com/paralegals-v-artificial-intelligence/. (AI and automation can complement the work of paralegals in the legal industry by automating tasks, freeing up time, and suggests that they should adapt to new technologies to advance their careers.)
[5] Dr. Mark van Rijmenam, Privacy in the Age of AI: Risks, Challenges and Solutions, The Digital Speaker (Feb. 17, 2023), https://www.thedigitalspeaker.com/privacy-age-ai-risks-challenges-solutions/.
About the Author:
Before pursuing a legal career, Natalie spent several years in the microbiology department at Evanston Hospital where she conducted comparative research studies, performed quality control testing, and worked on state-of-the-art medical device technology. After doing a swift 180 and finding law as her true calling, Natalie focused her efforts into intellectual property.
Natalie received a Bachelor of Science in Molecular Biology, with a minor in Biostatistics from Loyola University Chicago. She earned her law degree from UIC School of Law and she is currently working as an Associate at Advitam IP LLC, where she handles a variety of IP matters including trademark litigation, copyright infringement, and other IP-related disputes.