105 | AI Driving Legislative and Regulatory Action, Including Action from the Judiciary and Legal Ethics
May 15, 2024
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Former Magistrate Judge Ronald J. Hedges and host Jody discuss how AI is shaping legislative and regulatory actions within the legal field, focusing on admissibility of evidence, ethical considerations, and model practices for professional sectors. They delve into AI integration in legal practices, billing models, and the impact of generative AI on the legal profession, emphasizing the need for lawyers to stay abreast of technological advancements.
Trustworthy AI ensures transparency, understandability, and reliable results to prevent false information.
Generative AI adoption in law firms is growing, enhancing document review processes and prompting precise questioning.
Increasing US regulations address AI usage in legal practices, emphasizing ethics, compliance, and transparency.
Deep dives
Understanding AI and Generative AI
AI involves computers performing tasks requiring human intelligence, like recognizing objects, while generative AI responds to queries by generating answers based on datasets. Trustworthy AI ensures transparency, understandability, and produces reliable results to avoid creating false information or 'hallucinations'.
Impact of AI on Legal Practices
Generative AI's adoption in law firms is still limited, with varying levels of incorporation into legal practice. Law schools are introducing generative AI into curricula, especially focusing on prompt engineering for asking precise questions. This technology may enhance document review and privilege review processes by providing specific answers from large datasets.
Legislative and Regulatory Responses to AI
The US is witnessing an increasing number of AI-related regulations, reflecting a growing concern for regulating AI applications across sectors. Proposed regulations at both congressional and executive levels aim to address AI usage, including generative AI, in legal practices to ensure compliance, ethics, and transparency. Some states like New York, Florida, and California have issued guidance on attorney use of generative AI, emphasizing competence, confidentiality, supervision, and billing practices.
Ethical Considerations in Lawyer's Usage of AI
Ethical guidelines by state bar associations emphasize competence, confidentiality, candor, and supervision in attorneys' utilization of AI and generative AI. Issues around informed consent, billing practices, and the non-lawyer's roles in AI-assisted work challenge traditional ethical standards and require careful navigation to maintain professional standards. The legal profession is adapting to evolving technologies and ethical challenges posed by AI advancements, promoting the need for awareness and compliance among legal practitioners.
Closing Thoughts and Future Implications
Artificial intelligence and generative AI are evolving technologies essential for legal professionals to embrace and understand to maintain competitiveness. The constant advancements in AI technologies raise ethical dilemmas and legal complexities necessitating vigilance in monitoring laws and regulations in this dynamic field. Legal professionals need to stay updated on regulatory changes, technological progress, and ethical considerations associated with AI to navigate potential legal and ethical pitfalls effectively.
In this episode of the ADCG Privacy & Cybersecurity Podcast, host Jody Westby is joined by former Magistrate Judge Ronald J. Hedges, a legal thought leader in the areas of electronic discovery and artificial intelligence and the law. Jody and Ron discuss how AI is driving legislative and regulatory action, including action within the judiciary and ethics rules and guidance from bar associations. In addition to discussing issues with admissibility and discovery of evidence, Ron discusses how the work of three bar associations regarding the use of AI in the legal profession could be a model for professionals in other industry sectors. Ron is a member of the New York and New Jersey state bar associations’ AI Task Forces, and is Chair of the Court Technology Committee of the ABA Judicial Division. He is principal at Ronald J. Hedges LLC.
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