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7. Risks and benefits to using technology

Pros Cons
Efficient delivery of legal services Not accessible to all lawyers thus decreasing access to justice
Assist in screening for potential conflicts May lead to errors if the lawyer does not perform their own due diligence
Assist in complying with time keeping and accounting obligations Privacy and confidentiality risks if lawyers are inputting confidential information into certain AI systems
Communicate with clients in a timely and effective manner Cybersecurity risks if protective measures are not taken
Assist in protecting client information, funds and property Reduce human interaction which could impact the relationship-building role of lawyers

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How do you maintain privacy and confidentiality with online and AI tools.

Online Tools

Consider equipping all digital devices with:

  • Password protection
  • Full-disk encryption
  • Firewalls

Ensure that all individuals practice good password hygiene:

  • Passwords are not shared or disclosed;
  • Use of strong and unique passwords;
  • Two-step or multi-factor authentication.

Ensure that any data is deleted in a manner that is consistent with professional obligations. Develop an information security management framework, including:

  • Information security policy;
  • Privacy policy;
  • Incidence response plan;
  • Data security literacy plan;
  • Cybercrime/digital risk insurance.

AI Tools

Not inputting client information and firm precedents into the tools that are “general/ ‘free’ third-party commercial system/ prompt tools that trains on data scraped from the internet, memorizes data and repurposes it, thereby comprising the security of client information and breaching the duty of confidentiality.”

Use private AI systems, that are on the firms own server, that does not share or store client data externally.

When using public AI systems, lawyers should remove identifying details.

Before using public AI systems review their privacy policy.

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