Attorneys Remain Essential in the AI Age

The technological singularity – or the singularity – is a hypothetical point in the future when computer intelligence surpasses human intelligence. Judgment Day for fans of the Terminator films. Such a day may eventually come to pass for those in the legal profession, but it is not this day. Despite the rise of Artificial Intelligence (AI) and its ever-evolving and expanding capabilities, the benefits of engaging with an attorney to address legal needs have not diminished. In fact, working with an attorney who has embraced the use of AI as a tool in their practice can provide additional advantages, allowing legal matters to be accomplished more effectively, efficiently, and precisely than ever before.

AI-powered tools—such as ChatGPT and others—can be helpful in a variety of legal tasks, including document review, document analysis, document automation, legal research, explaining legal terms, summarizing legal topics, and pattern recognition. Individuals and businesses wishing to use AI to accomplish such tasks should approach its use with caution and knowledge of the benefits and risks.

Some Potential Benefits for Individuals and Businesses Using AI for Legal Needs

1. Cost Effectiveness: One of the most significant advantages of AI is its cost-effectiveness. Some AI tools can perform certain tasks at little to no cost to the user. This can be particularly beneficial for small businesses and individuals with limited budgets.
2. Efficiency and Speed: AI can process vast amounts of data quickly. Tasks that might take a human hours or even days to finish may be completed by AI in a matter of minutes. This efficiency can be crucial in time-sensitive legal matters and may also lead to decreased costs.
3. Accessibility: AI-powered legal tools are available 24/7, providing access to legal information and services at any time. This can be especially useful when immediate assistance is needed, particularly when reaching someone in person may be difficult.
4. Removal of Human Error: AI systems are designed to follow specific rules and protocols, ensuring consistent results. This can reduce the risk of human error and lead to a reliable standard of service. However, the old adage of “garbage in, garbage out” applies here. The results generated by AI systems are dependent on the prompts entered into them. Failure to enter the appropriate prompt may result in an insufficient or inaccurate output.
5. More Informed and Involved Role: Utilizing AI resources to gain a better understanding of relevant legal terms, organize documents, summarize content, and identify questions may allow individuals and businesses an opportunity to take a more active and informed role in legal matters affecting them.

Some Potential Risks of Individuals and Businesses Using AI for Legal Needs

1. Lack of Personal Touch: One of the main drawbacks of using AI is the absence of personal interaction and instinct. Legal issues often require a nuanced understanding of unique situations, which AI may not fully grasp. An attorney can provide personalized advice, reassurance, empathy, understanding, and other support that AI simply cannot.
2. Limited Scope: While AI is excellent at handling routine tasks – such as answering frequently asked questions – it may struggle with more complex legal issues that require deep legal knowledge, critical thinking, and expert analysis. AI tools are only as good as the data they are trained on, and they may not be able to navigate the intricacies of certain legal matters, especially when multiple issues or concepts are intertwined.
3. Ethical and Privacy Concerns: Using AI for legal services raises ethical and privacy concerns. Sensitive information may be at risk if not properly protected, and there are questions about the accountability of AI decisions. These concerns are heightened when using open-source AI tools, such as ChatGPT. Using open-source AI for certain matters could result in unintentional disclosure of confidential information, which could undercut arguments that the information should receive heightened protection as confidential business information or a trade secret. Additionally, AI search, prompt, and result histories are likely discoverable should litigation arise. An attorney is bound by professional ethical standards and confidentiality rules, providing an added layer of security.
4. Data Security: Overreliance on AI platforms, without proper safeguards, may increase the risk of data breaches and cyber-attacks.
5. Regulatory Limitations: The legal industry is heavily regulated, and there are specific tasks that only licensed attorneys are permitted to perform. Relying solely on AI could lead to non-compliance with legal requirements, potentially resulting in adverse outcomes.
6. AI can Hallucinate: Most AI aims to please and is programmed to generate some type of output in response to input entered into it, even if that output is not accurate or even real. This is known as an AI hallucination. The phenomenon by which AI confidently provides false information in response to a prompt. Utilizing such inaccurate or false material may result in adverse consequences ranging from poor work product to unfavorable rulings, sanctions, and penalties.

In light of the numerous potential benefits and risks associated with using AI for legal purposes, it is important to acknowledge how individuals and businesses can effectively use these tools for their legal needs while also recognizing the unique aspects of the legal profession that cannot be replaced and why professional legal advice remains as crucial as ever.

How Individuals and Businesses Can Effectively Use AI for Legal Needs

1. Document Review and Analysis: AI can swiftly review and analyze large volumes of documents, identifying key information and patterns. This can save time and reduce costs, especially in cases involving extensive paperwork. Being able to review and analyze documents along with your attorney will allow you to more effectively, efficiently, and intelligibly discuss and utilize them.
2. Legal Research: AI-powered tools can conduct comprehensive legal research, providing relevant case law, statutes, and legal precedents. This can help clients understand the legal landscape and prepare for discussions with their attorneys. However, special care must be taken to avoid AI hallucinations when using open-source AI tools. Results must always be verified. Attorneys often use closed-universe AI tools that only pull results from a more limited – yet still expansive – set of trusted sources when generating results. They are also trained to evaluate and analyze the results they receive to ensure applicability.
3. Contract Drafting and Review: AI can assist in drafting and reviewing contracts, ensuring that standard clauses are included and potential issues are flagged. This can streamline the process and ensure that contracts are thorough and accurate. It can also allow for a heightened understanding of the contractual provisions and their potential interconnectedness.
4. Compliance Monitoring: AI can help monitor compliance with legal regulations, alerting clients to potential violations and suggesting corrective actions. This can be particularly useful for businesses operating in highly regulated industries.

Why Individuals and Businesses Should Still Engage with an Attorney

1. Personalized Advice: Legal issues are often complex and unique to each client’s situation. An attorney can provide tailored advice that considers all aspects of your case, something AI cannot fully achieve.
2. Critical Thinking, Complex Reasoning, and Judgment: While AI excels at processing data, it lacks the human ability to apply critical thinking, complex reasoning, and judgment to nuanced legal matters. Attorneys bring experience and insight that are essential for navigating complex legal challenges.
3. Ethical and Confidentiality Standards: Attorneys are bound by strict ethical and confidentiality standards, ensuring your sensitive information is protected. This level of trust and accountability is crucial in legal matters.
4. Representation and Advocacy: Having an attorney to represent and advocate for you is invaluable in legal disputes. Attorneys can negotiate on your behalf, design custom documents to fit your needs, present your case in court, and provide strategic advice throughout the legal process.
5. Emotional Intelligence: Building relationships, understanding client emotions, and exercising empathy are inherently human traits that AI cannot replicate. The nuances of human emotion and the subtleties of interpersonal communication are realms that AI cannot navigate.
6. Regulatory Compliance: Certain legal tasks and representations require a licensed attorney. Relying solely on AI could lead to non-compliance with legal requirements, potentially resulting in adverse outcomes.
7. Adaptability: Attorneys can quickly adapt to unexpected changes in a case or the legal environment, a flexibility AI lacks. Attorneys also have knowledge, training, expertise, and experience that allow them to closely analyze results generated by AI tools to ensure accuracy and applicability to the legal matter at hand.

And Finally

AI can be a powerful tool for assisting with some legal tasks. However, it has limitations, and using it carelessly or improperly may lead to unwanted consequences ranging from embarrassing to devastating. For personalized advice, critical thinking, complex analysis, and ethical considerations, consulting with an experienced attorney is still indispensable. Combining the strengths and benefits of AI with the insights and expertise of a legal professional, especially one who competently utilizes AI tools in his or her practice, will almost always lead to a more effective, efficient, and accurate result for your legal issue, matter, or project. AI cannot replace competent legal counsel, but it can serve as a tool – for attorneys and non-attorneys – to more successfully accomplish their legal objectives.

Cavitch attorneys utilize artificial intelligence resources to enhance the effectiveness and efficiency of their legal expertise and experience and provide the best legal representation possible across all of the firm’s practice areas. Contact Cory J. Martinson at 216-621-7860 to discuss how Cavitch can assist you with your legal matter.