AI Lecture II Artificial Intelligence Artificial Intelligence

Artificial Intelligence

1. ARTIFICIAL INTELLIGENCE (AI) AND THE PRACTICE OF LAW The rise of artificial intelligence (AI) is the latest advancement in technology. Just like lawyers have had to adjust to other changes, they now need to decide if and when to use AI in their work. Using AI could make legal services cheaper, improve their quality, and make them more widely available. It also allows lawyers to do more work in less time by handling routine tasks automatically. This means lawyers who are good at using AI can focus more on analyzing cases and building legal arguments. AI is set to change the legal profession, but it brings unique challenges. Courts, rule-making bodies, and ethics committees need to think about how AI affects the law. Lawyers need to decide if they should use AI tools and understand the risks involved. If lawyers use AI without checking its accuracy, they're responsible for any mistakes it makes in their work.

2. AI ISSUES To what extent should AI be treated as a legal entity, and what legal rights should it have? Who owns the patent for a device created by AI? Who is responsible for damages caused by an AI system in a tort case? Does the practice of "scraping" data from the internet and other sources violate copyright laws? Can an AI company be sued for defamation if its product generates defamatory statements about a person or entity? These issues will likely need to be addressed by courts and government agencies in the future, but for now, they're important considerations for lawyers and their clients.

3. POTENTIAL LIMITATIONS OF CURRENT GENERATIVE AI PLATFORMS The use of AI platforms in the legal profession raises important considerations: Data Quality: It's crucial to assess if the data used to train the AI system is accurate, representative, and free from bias. Training Process: Understanding how the AI system was developed, including the expertise of the programmers and the consideration given to potential biases, is essential. Bias Mitigation: Machine-learning algorithms can perpetuate biases present in the training data. Efforts are being made to address this issue, but it remains a concern, especially in critical legal contexts like hiring decisions or bail determinations.

4. POTENTIAL LIMITATIONS OF CURRENT GENERATIVE AI PLATFORMS Legal Ethics: Lawyers using AI platforms should ensure compliance with ethical rules, such as avoiding discriminatory conduct prohibited by professional conduct rules. Reliability and Validity: AI algorithms may lack proper testing for reliability and validity in legal contexts. Attorneys should be cautious about using AI platforms beyond their intended purpose without adequate testing. Function Creep: Applying AI platforms for uses beyond their original design without proper testing may lead to unintended consequences and should be avoided. In summary, while AI offers potential benefits for the legal profession, it's essential to carefully consider its limitations and implications to ensure ethical and effective use.

5. POTENTIAL OPPORTUNITIES THAT AI MAY OFFER THE LEGAL INDUSTRY AI tools present various opportunities for the legal industry, addressing common challenges like rising costs and manual processes. These tools can automate tasks such as legal research, document review, and client communication, freeing up lawyers to focus on strategic matters and providing better value to clients. AI's ability to analyze large data sets can reduce human error and increase confidence in results. However, there are limitations. Large language models like ChatGPT may produce errors known as hallucinations due to the compression of language during training. New AI models built on legal documents aim to improve accuracy, aiding tasks like reviewing documents, drafting summaries, and predicting case outcomes. While AI tools can reduce costs, lawyers still need to verify output and provide human judgment.

6. POTENTIAL OPPORTUNITIES THAT AI MAY OFFER THE LEGAL INDUSTRY It is expected that AI tools will be able to: facilitate alter-native dispute resolution (ADR) by providing early insights into disputes, predict case outcomes, engage in scenario planning and predict negative outcomes, assist with case management and calendaring/deadlines, (5) conduct contract review and due diligence tasks, (6) automate the creation of forms and other legal documents,

7. POTENTIAL OPPORTUNITIES THAT AI MAY OFFER THE LEGAL INDUSTRY (7) assist with discovery review and production, (8) assist with the ability to detect personal identifying information, confidential health information, or proprietary or trade secret information, (9) enhance marketing and social media presence, (10) translate data into another language, (11) automate billing, and (12) expedite and lower the cost of legal research and regulatory compliance.

8. DUTY TO PROTECT CLIENT CONFIDENTIAL INFORMATION AND USE OF AI TOOLS When using AI tools, lawyers must ensure they protect client confidentiality. Courts may issue protective orders requiring attorneys to verify the destruction of discovery materials. Lawyers should be cautious not to inadvertently disclose confidential information when inputting data into AI platforms, especially if the platform is open source like ChatGPT's free version. Some AI platforms may save data for training purposes, raising concerns about sensitive information being viewed by platform personnel. Paid subscription services may offer more confidentiality guarantees through their terms of service agreements. However, there's still a risk of data breaches, so lawyers must ensure adequate security measures are in place.

9. DUTY TO PROTECT CLIENT CONFIDENTIAL INFORMATION AND USE OF AI TOOLS Additionally, lawyers may have obligations to destroy information after a case concludes, either contractually or through court orders. Uploading documents into AI platforms may complicate this obligation unless covered by the platform's terms of service. On the other hand, AI can help address privacy concerns by automatically redacting personally identifiable information from large data sets. AI-powered redaction tools reduce the risk of accidentally disclosing sensitive data due to human error. Lawyers must carefully weigh the benefits and risks of using AI platforms and redaction tools.

10. LAW FIRM AND CORPORATE POLICIES Law firms and corporations should have an AI policy to guide employees on using AI. Completely banning AI may not be practical, so employees should check AI outputs for accuracy, watch for biases, follow laws, and assess the security of AI platforms before sharing confidential information.