A.I.-Enhanced Lawyering

The current buzz seems to be which jobs will and will not be replaced with AI “robots.” I recently heard the question posed: “Will AI replace lawyers?” The answer (for now)1 is, “No, AI will not replace lawyers, BUT AI-enhanced lawyers will replace non-AI-enhanced lawyers.” I think this statement is very likely to be true and, perhaps, it will be true sooner than many are ready for.

Artificial intelligence (AI) is the practice of getting machines to mimic human intelligence to perform tasks.2 Machine learning (ML) is a type of artificial intelligence that can “learn” from data patterns without human direction. AI technology has been around for more than a decade and has been a key functionality in many popular applications you likely use every day.3

Generative AI is a new breakthrough. Rather than using AI to observe and classify patterns in content, Generative AI uses deep learning algorithms that enable the machine to use existing content like text, audio files, or images to create new, plausible content on demand. An inflection point appears to have occurred recently with the release of several free (or low cost) tools using generative AI to create images (DALL-E, Midjourney), videos (Pictory), audio (Murf.ai) and human-like text (ChatGPT), among others. Microsoft and Google are accelerating the rollout of AI-enabled tools into their popular search engines and other office productivity software applications. If you haven’t already read Bill & Phil’s Gadget of the Month that explains a little bit about how ChatGPT works, flip to page 17 now and read that first, then come back.

Perhaps you’re curious about what you can do with these new tools or you’re already using them. What are the risks associated with adopting generative AI into your practice? Do lawyers have an ethical obligation to utilize advanced technology to serve your clients competently?4 What policies should you, your firm or your company consider implementing to reduce risks and meet your obligations? I will attempt to explore these questions at a high level.

Common GPT Uses for Lawyers

Because of the conversational nature of ChatGPT, it can handle routine tasks such as developing initial drafts of letters, emails, speeches, policies, handbooks, FAQs, contract provisions, term sheet responses, training presentations, and other routine documents. It can also generate content within a requested word count or produce a text in a particular style of writing.

ChatGPT is also very good at editing text given it was trained on millions of documents. It can fix grammatical errors, provide more clarity and generally increase readability. Transcription and translation are also areas where ChatGPT can excel.

ChatGPT can be helpful to brainstorm new ideas or generate suggestions for further research. It is quite good at generating lists, coming up with questions, and checking your work for accuracy. ChatGPT can also be used to generate summaries of legal documents and cases, making the information more accessible and digestible for clients.

Many people are using ChatGPT in the same way that they verified using traditional means.

It is crucial for lawyers to keep themselves informed and educated about the developments in AI, so they are aware of the new tools, new ways of working, and new risks and opportunities they bring. Whether you are a solo practitioner or a member of a firm you must think critically about how to incorporate these tools responsibly, understand what their limits are, and identify where to set the boundaries.

TRACY KANE is the Chief Administrative and Legal Officer at Endeavor Business Media. She also responsible for the organizational health, HR and DEI (Diversity, Equity and Inclusion) functions across the business.

Endnotes

1 DoNotPay developed an AI model to represent individuals in traffic court, but pulled back on the effort after complaints from several legal organizations, including the California state bar, who stopped the effort for now. See NPR.org

2 The foundational building blocks of machine learning and artificial intelligence started with classical statistical techniques developed between the 18th and 20th centuries for small data sets. In the 1930s and 1940s, the pioneers of computing—including theoretical mathematician Alan Turing—began working on the basic techniques for machine learning. It wasn’t until the 1970s, however, when scientists first built computers powerful enough to take machine learning from theoretical to practical applications.

3 Common AI applications include natural language searches and processing (i.e., Google, auto-correct), map navigation, digital smart assistants like Siri and Alexa, facial recognition software, website chatbots, and self-driving automobile technology among others.

4 Arguable, they do. RPC 1.1 Competence, provides: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” Tenn. R. Sup. Ct. 1.1. Note 8 to RPC 1.1 explains that, “[8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education, and comply with all continuing legal education requirements to which the lawyer is subject.” (Emphasis added).

5 See, e.g., the experience of this science and technology journalist’s with popular avatar generator AI tool, Lensa, How it feels to be sexually objectified by an AI (mailchi. mp) or this New York Times reporter’s unsettling experience with Bing’s Chatbot, Why a Conversation With Bing’s Chatbot Left Me Deeply Unsettled - The New York Times (nytimes.com).

6 See, e.g., Resolution 112 passed by the ABA House of Delegates in 2019, which states: “RESOLVED, that the American Bar Association urges courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial

intelligence (“AI”) in the practice of law including: (1) bias, explainability, and transparency of automated decisions made by AI; (2) ethical beneficial usage of AI; and (3) controls and oversight of AI and the vendors that provide AI.” See also, ABA-TacklesAI-and-Ethics-1.pdf (senseient.com)

7 Currently, OpenAI limits the number of times a user or client can access the server within a specified period of time and if too many requests are made by all users at a given time, access to the tool will be temporarily reduced or suspended.

8 The exact amount of carbon emissions generated by ChatGPT and other AI models is not fully known, but their use likely contributes to increased carbon footprint of the data centers where the AI models run and the significant amount of electricity used to power those centers. Biases in the training models and their impact on automated decisions may negatively impact a firm’s diversity or anti-discrimination efforts depending on the use. In addition to adopting new policies, what new governance frameworks are required when a firm adopts AI into its workstreams? What additional responsibilities does its governing body have to stay informed about and check compliance with approved uses of AI?