Use of AI in Legal Practice: An Overview
3.1 Using AI that is Embedded v. Consciously Deciding to Use AI
AI (in its various forms) is now embedded in traditional, older platforms used in legal practice (including, but not limited to, legacy search engines, browsers, legal search databases and others (e.g., Thomson Reuters Case Text, Westlaw, among others)).
Key Takeaway: You are likely already using AI in your legal practice. As AI becomes progressively and often undetectably integrated in more familiar platforms and tools, legal professionals must understand that they may be using AI (with all its risks) unknowingly, without diligent and ongoing oversight.
3.2 Conscious Use of AI: Some Options
Legal Research
AI has been assisting lawyers with legal research for many years. However, through LLMs, generative AI offers the ability to engage in a conversational search. After engaging in such a search, lawyers have the answer to their query summarized or use their search results to make predictions.
As mentioned, generative AI was not originally designed for legal practice use or designed to undertake specific legal tasks and provide appropriate safeguards to mitigate risks inherent in its use. As more tools are developed specifically for use by lawyers, it is expected that additional safeguards will be built into tools to reduce the risks associated with using generative AI tools in legal practice.
Legal Document Generation
Lawyers spend much of their time drafting. Opportunities exist to save time by applying AI/innovative technology to draft documents. With the help of a reliable generative AI-powered tool, lawyers can automate some drafting tasks and produce first drafts with incredible efficiency, offering more time to strategize and increase their capacity to provide legal services. For example, some generative AI tools will review and suggest language for contracts, review for missing clauses and find conflicting terms.
Discovery/first-level Document Review
Lawyers engaged with eDiscovery are familiar with the use of technology to make the document review process more manageable. Some are curious about the use of generative AI in the cumbersome task of document review.
In an effort to better understand the current capabilities of generative AI, specifically GPT-4, for e-Discovery, a global law firm collaborated with a global legal technology company in an experimental assessment to evaluate how standard GPT-4 would perform in coding documents for responsiveness. 1
The results led the researchers to conclude that: “…generative AI may cause a sea change in the not-so-distant future in how eDiscovery work is done. Specifically, ChatGPT’s evaluative and responsive capabilities have the potential to successfully replace or augment functions that are historically performed by attorneys or traditional evaluative tools like technology assisted review (TAR).”2
Compared to conducting a manual review of documents, using TAR software makes management review far less time-consuming, manageable, accurate, and consistent. For a detailed explanation about TAR and its evolution, see the Sedona Conference TAR Case Law Primer the definitions contained therein. 3
Although they referenced generative AI’s potential to create a sea change, the researchers who conducted the referenced experiment noted that there were some limitations to GPT-4’s ability to properly code certain documents and also noted that GPT-4 analyzes documents at a much slower pace compared to current TAR tools, although it is expected that speeds will improve significantly, over time.4
Chatbots and Virtual Assistants
Maintaining and managing a law firm takes time. Some firms are exploring how generative AI can help via use of chatbots and virtual assistants to schedule appointments and provide basic information about firm operations or legal services. Using such tools can help firms that handle a large volume of client inquiries or small firms where lawyers are often tasked with running the business side of their firm while running their legal practices.
Key Takeaway: Generative AI may offer several benefits for lawyers in their legal practices by providing opportunities to streamline processes and create efficiencies. Automating onerous and/or time-consuming routine tasks, should increase opportunities for lawyers to focus on high-end legal work that can help to avoid/reduce lawyer burnout.