AI for the Modern Paralegal/LLP and Ethical Considerations
Artificial intelligence is revolutionizing the legal profession. This presentation explores AI's impact on paralegals and LLPs. We'll address common concerns and highlight opportunities for growth.
CS
by Cheralyn Stevenson
©2024 - Session for RMPA's 2024 Annual Meeting and Education Summit | Ethics Credit
Types of AI
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Artificial Narrow Intelligence (ANI)
Designed for a specific task. This includes all kinds of Natural Language like Siri and Alexa.
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Artificial General Intelligence (AGI)
Artificial General Intelligence, or AGI, is envisioned to match human-level cognition. However, AGI remains a distant goal because we're still unraveling the complexities of the human brain. Imagine Sonny from 'I, Robot' - an AI capable of reasoning and adapting across various situations, just like humans.
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Artificial Super Intelligence (ASI)
Hypothetical AI that would not only match but surpass human intelligence in every conceivable way. This concept envisions AI capable of outperforming humans in cognitive tasks, creativity, and even in areas we consider uniquely human, such as emotional intelligence and forming relationships.
AI in your Everyday Life
- Smartphone Features - Siri | Facial Recognition | Predictive text & autocorrect
- Social Media - Targeted ads | Face detection in photos
- E-mail - Spam filters | Inbox categorization
- Navigation - GPS with real-time traffic notifications | Ride-sharing apps
- Smart home devices - Thermostats | Lights | Alexa
- Health & Fitness - Fitness trackers with personal recommendations | Heart rate monitoring on smartwatch
Addressing the AI Job Displacement Fear
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Job Evolution, Not Elimination
AI will transform legal roles, not replace humans. It creates new opportunities for skilled professionals.
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Enhanced Efficiency
AI handles routine tasks, allowing legal staff to focus on complex, high-value work.
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Upskilling Opportunities
Embracing AI technology opens doors to new specializations and career growth.
AI as an Enhancement Tool
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Document Review
AI rapidly analyzes vast document sets, flagging key information for human review.
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Legal Research
AI-powered tools quickly find relevant cases and statutes, enhancing research efficiency.
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Contract Analysis
AI identifies potential issues in contracts, allowing for faster and more thorough reviews.
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The American Bar Association
Standing Committee on Ethics and Professional Responsibility released its first formal opinion covering the growing use of generative artificial intelligence (GAI) in the practice of law, pointing out that model rules related to competency, informed consent, confidentiality and fees principally apply.
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states that to ensure clients are protected, lawyers and law firms using GAI must “fully consider their applicable ethical obligations,” which includes duties to provide competent legal representation, to protect client information, to communicate with clients and to charge reasonable fees consistent with time spent using GAI.
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The 15-page opinion
specifically outlined that lawyers should be mindful of a host of model rules in the ABA Model Rules of Professional Conduct
Ethical Considerations in AI Use
Protecting Privilege
Ensure AI tools maintain attorney-client privilege. Implement strict data security measures.
Confidentiality
Use AI systems with robust encryption. Limit access to sensitive information.
Human Oversight
AI assists, but doesn't replace human judgment. Always review AI-generated work.
NY lawyer faces discipline after AI chatbot invented case citation
- The court in November ordered the lawyer to submit a copy of the cited decision after it was not able to find the case. She responded that she was "unable to furnish a copy of the decision."
- The lawyer admitted to including a case "suggested" by ChatGPT but said there was "no bad faith, willfulness, or prejudice towards the opposing party or the judicial system."
- Generative AI programs have been found to "hallucinate" information, meaning they can produce text that is convincing but incorrect.
Transparency
Companies must disclose AI use in consumer interactions. This affects legal tech providers.
Bias Mitigation
The law requires regular AI audits to prevent discriminatory outcomes in legal processes.
Data Privacy
Strict regulations on how AI systems collect and use personal data in legal contexts.
Accountability
Legal professionals must understand these regulations to ensure compliance in their AI use.
Considerations for AI use policy
- ABA Model Rule for Professional Conduct 1.1 - Attorneys are required to provide competent counsel to their clients. This can only be done by heavily scrutinizing any output from AI for accuracy.
- Information entered into a generative AI tool should be heavily monitored and limited to ensure proprietary information, either your business’s or your customers, remains protected
- ABA Model Rule for Professional Conduct 1.4 - Attorneys must be transparent with their clients. Use of AI to create client work product may require disclosure and informed consent.
- ABA Model Rule for Professional Conduct 1.6 - Attorneys must ensure the confidentiality of their clients' information; putting that information in a public AI platform could be a violation of that confidentiality obligation.
- Certain industries, such as finance, health care and the legal field, must maintain extra vigilance about data entered into generative AI tools to remain in compliance with regulations.
- You should review Outside Counsel Guidelines to ensure the client has not prohibited the use of AI for their matters.
- If you use generative AI for other purposes, you must thoroughly review all output from the AI for accuracy and completeness, and fully validate any cited sources, precedent, laws/regulations, or past rulings on which it relies.
- Never load/paste Confidential Client Information (including the name of the client or other interested parties) into a public generative AI system; if necessary, use generic terms in your searches so that they cannot be linked back to a client.
The Future of Legal Professionals with AI
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AI Specialists
New roles emerge for legal professionals with AI expertise.
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Enhanced Client Service
AI frees time for more personalized client interactions.
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Interdisciplinary Skills
Legal pros develop tech and data analysis skills.
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Ethical AI Governance
Opportunities arise in AI policy and ethical oversight.
Q&A Session
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