AI, The Law, And Your Firm: What You Need To Know Today
Aug 15, 2023
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Richard Finkelman, expert in AI applications in the legal profession, discusses the impact of AI in the practice of law. AI is already widely used in e-discovery and document review, improving accuracy and workflow. Incorporate AI into your practice, provide disclosures, and avoid pre-trial agreements without knowing what's coming next in the field.
Integration of AI in litigation enables efficient document review and reduces manual workload.
Creating private, in-house AI models mitigates the risk of sharing privileged or confidential information.
Deep dives
The Use of AI in Litigation
AI, specifically in the form of machine learning, is already being integrated into the field of litigation, particularly in e-discovery and document review. The use of AI in document review has enabled legal teams to predict document characteristics and reduce the number of documents that need to be reviewed manually. This has resulted in greater efficiency and cost savings for law firms and corporations. AI systems are often integrated with existing platforms like Relativity to streamline the review process. However, it is important to note that AI technology should be used cautiously with proper protocols, such as clawback agreements, to address ethical and confidentiality concerns.
Creating Private AI Models
One way to address privacy and confidentiality concerns related to using AI in the legal profession is by creating private, in-house AI models. These models can be trained on specific data sets and customized to meet the needs of law firms and clients. Private AI models provide more control over sensitive information and allow for better protection of confidential data. By developing private models and avoiding reliance on public AI tools, legal professionals can mitigate the risk of inadvertently sharing privileged or confidential information.
Structural Changes for Better Attorney Wellbeing
To improve attorney wellbeing and address the mental health challenges in the legal profession, structural changes within law firms are necessary. This starts with hiring practices, ensuring that individuals who exhibit abusive or unreasonable behavior are not brought into the firm. It is essential to foster a supportive and respectful work environment where mental health is prioritized. Firm leaders should be open about their own vulnerabilities and create a culture that encourages communication and seeks to understand and support struggling team members. Flexible policies, such as accommodating personal issues and offering mentorship, can also contribute to a healthier work-life balance. Collaborative approaches to litigation, both within the firm and with external parties, can reduce stress and promote greater professionalism and cooperation.
AI as a Positive Force for the Legal Profession
Despite concerns about AI displacing lawyers, it can actually be a positive force within the legal profession by enhancing efficiency and supporting lawyers in their work. AI, such as chat GPT and generative AI tools, holds promise for the legal industry, particularly in areas heavily reliant on text-based documents. However, it is essential to use these tools properly and be aware of their limitations. Lawyers need to understand the technology and ensure it is used responsibly to avoid unintended consequences, such as filing documents with false information generated by the AI. While AI can assist in tasks like document drafting, it cannot replace lawyers' expertise in predicting legal outcomes. Lawyers will play a vital role in verifying and contextualizing AI-generated information.
Berkeley Research Group (BRG) is a Premier Sponsor of the ABA Litigation Section. On this Litigation Radio episode, we will hear from Richard Finkelman, Managing Director of BRG, about hiring economists as experts. The selection of the BRG as the subject of this interview should not be construed as an endorsement by the American Bar Association of BRG and its services.
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Is your firm using Artificial Intelligence (AI)? Should it be? AI is expected to have a profound impact on the practice of law. Lawyers are already using AI in their practices to review documents and conduct research. Yet, as the technology emerges, there are ethical, privacy, and practical concerns.
Guest Richard Finkelman of the global consulting firm Berkeley Research Group (BRG) is an expert in AI applications in the legal profession. Finkelman is sees AI and machine learning already widely in use, specifically in e-discovery and document review. Four out of five legal firms surveyed by BRG employ AI in some capacity. This is the stuff of today, not the future.
AI can already determine if a document is subject to privilege, pinpoint which documents need review, and even scan expert testimony (yours and theirs) for red flags. This speeds workflow, improves accuracy, and protects against potentially sensitive errors. Never again worry about accidentally turning over a privileged document or intellectual property? That sounds nice, but there are risks.
Hear how you can incorporate AI tech into your practice, provide disclosures at the start of a case, check for accuracy, and avoid boxing yourself in with pre-trial agreements without knowing what’s coming next in the field. Learn this stuff before your next case.