John T. Sly
Artificial Intelligence (Al) has transformed various industries, and the legal sector is no exception. Civil defense lawyers have an opportunity to leverage AI to enhance their legal practices. AI technologies can streamline processes, improve research efficiency, and even predict outcomes. But, there are serious caveats. Here are the top five things civil defense lawyers need to know about using AI in their legal practices.
1. Legal Research Enhancement
AI-powered tools have revolutionized legal research, saving valuable time for civil defense lawyers. Traditional legal research could be time-consuming, involving scouring through volumes of documents and precedents. However, AI-driven platforms can swiftly analyze vast databases, highlighting relevant case laws, statutes, and regulations. This efficiency allows lawyers to allocate more time to critical thinking and strategy development.
One can use ChatGPT, Bing and Bard for general legal concepts and iterate with them to tailor responses to the facts of a particular case. However, as will be noted throughout this article, lawyers must be very careful not to share confidential information on open AI platforms. Those platforms will incorporate whatever is inputted by a user into its own large language model (LLM) from which it learns. None of us want future users to find confidential information about our clients in the responses they receive from AI.
Lawyers also must be careful to understand AI has inherent “hallucination” proclivities. What does that mean? AI does not know what it does not know. So, AI may produce apparently reliable information that may be wrong or completely false. For example, in a high-profile case in New York, a lawyer submitted a filing in connection with a case involving aviation. Apparently, he created most, if not all, of the filing through the use of ChatGPT. He happily submitted his filing which contained supportive case citations and quotes only to later learn that the citations were false and the quotes were hallucinations of ChatGPT.
As we move forward with the implementation of AI, third parties like Westlaw and Lexis-Nexis will be incorporating AI into their searches but will likely put guardrails on the responses based on their already existing reliable databases. Until then, it is strongly recommended that whatever legal research you derive from AI tools is run against Westlaw or Lexis-Nexis or some other reliable citation service.
2. Document Creation, Analysis and Review
Al’s capabilities extend to document creation, analysis and review, a critical aspect of civil defense cases. Instead of manually sifting through documents to identify relevant information, AI-powered algorithms can quickly identify key details, potentially even uncovering insights that might have been overlooked. This significantly reduces the chances of missing essential evidence and streamlines the preparation process for lawyers. These points can then be incorporated into new documents such as discovery demands, discovery responses, contracts, etc. Again, it is the lawyer’s responsibility to ensure that whatever is created meets legal requirements. One cannot simply hand over responsibility to AI.
Third parties have already begun incorporating AI capabilities into their products. For example, Casetext has a product called CoCounsel. CoCounsel is built on OpenAI’s GPT-4, customized for the legal industry. It can read, comprehend, and write at a postgraduate level. These kinds of value-added third-party products based on AI databases will become integral parts of everyday legal work.
3. Predictive Analytics for Case Outcomes
Predictive analytics, fueled by AI, offer civil defense lawyers an edge when assessing potential case outcomes. By analyzing historical case data, AI algorithms can provide insights into the likelihood of success for a particular defense strategy. This enables lawyers to make informed decisions and advise clients more accurately regarding potential settlements or trial prospects. While not foolproof, predictive analytics can guide strategies and resource allocation effectively. What may this mean for day-to-day practice? Rather than simply searching for prior cases seeking something that may persuade a particular judge or jury, AI will be able to analyze cases and prior decision of particular judges and the results of jury trials in particular jurisdictions to be able to predict outcomes. It will also be able to suggest modifications to arguments that may prove to be more successful.
Predictive analytics in the law is still in its infancy. However, as historical data is fed into AI engines, we will soon see a revolution in how we integrate our research into the facts and arguments of a particular case.
4. Automation of Routine Tasks
Civil defense lawyers often find themselves buried under a mountain of administrative tasks that eat into their productive time. AI-powered automation tools can handle routine tasks like scheduling, document sorting, and even initial client interactions. This automation liberates lawyers from mundane responsibilities, enabling them to focus on more complex, intellectually demanding aspects of their cases.
For those already operating in the Microsoft Office Suite, Co-Pilot is an add on that soon will link all of the apps you are already using into a seamless whole. Further, it will use the power of ChatGPT behind the scenes to produce new more precise results for the user. For example, rather than sorting for an hour to find the email you received last October (we’ve all been there), Co-Pilot will be designed to have all of your emails, calendar, notes, PowerPoints, and documents available and searchable in a confidential manner. Co-Pilot is slated to be released to the public sometime in late 2023 or early 2024.
5. Ethical and Privacy Considerations
While the potential of AI is exciting, civil defense lawyers must be attuned to the ethical and privacy considerations surrounding its use. AI algorithms require data to learn and make accurate predictions. This data might include sensitive client information. Lawyers must ensure that they comply with legal and ethical standards when sharing client data with AI platforms. Moreover, understanding how AI arrives at its conclusions is crucial when presenting such insights in court; transparency is key to maintaining credibility.
The American Bar Associations’ House of Delegates adopted a Resolution dated August 12-13, 2019, which notes:
That the American Bar Association urges courts and lawyers to address the emerging ethical and legal issues related to the usage of artificial intelligence (“AI”) in the practice of law including:
(1) bias, explainability, and transparency of automated decisions made by AI; (2) ethical and beneficial usage of AI; and (3) controls and oversight of AI and the vendors that provide AI.
112 2019A (americanbar.org)
Conclusion
Artificial Intelligence has ushered in a new era of efficiency and effectiveness in the legal field, and civil defense lawyers stand to benefit significantly. From streamlining research to predicting case outcomes, AI offers a plethora of tools that can transform legal practices. However, it is essential to strike a balance between the advantages AI provides and the ethical considerations it raises. Civil defense lawyers must stay informed about the latest AI developments in the legal sector, continually adapting their strategies to harness Al’s power effectively.
As AI technology continues to evolve, civil defense lawyers should invest time in understanding how these tools can be integrated seamlessly into their practices. While AI can handle many tasks, the human touch remains indispensable, particularly in interpreting complex legal nuances and crafting persuasive arguments. By embracing AI as a valuable assistant rather than a replacement, civil defense lawyers can position themselves at the forefront of a tech-savvy legal landscape, offering clients the best of both worlds – cutting-edge technology and expert legal acumen.
John T. Sly is a partner with Waranch & Brown, LLC and is a past President of MDC. John has also been named to Super Lawyers every year since 2009.
This article first appeared in the January 2024 issue of The Defense Line. It is republished with permission.