LawBank Hosts “Ethical Considerations When Using Artificial Intelligence in Your Law Practice”
On November 16, 2021, LawBank hosted an ethics CLE course titled “Ethical Considerations When Using Artificial Intelligence in Your Law Practice.” The presentation was led by Jay Hermele, CIPP/VS, Esq. Jay is the founder of The Hermele Law Firm and co-founder of CaseYak, an artificial intelligence platform that predicts the value of motor vehicle accident claims. He practices general business law and has practiced law in Colorado for ten years.
Jay’s background is in the data security and privacy field, and he is a Certified Information Privacy Professional. The purpose of the presentation was to give a high-level understanding of what Artificial Intelligence (AI) is, provide information on how it is applied in a law practice, and discuss ethical and risk management considerations.
Defining Artificial Intelligence
To begin the program, Jay defined what Artificial Intelligence is and what it is not. He clarified that AI is not a substitute for human cognition or consciousness. Jay shared some definitions of AI, including IBM’s definition and the Merriam-Webster definition. His own definition is: “AI uses data to perform, through prediction, tasks typically requiring human intelligence.” Jay also defined some of the buzzwords used when discussing AI, such as “Machine Learning” and “Deep Learning.” He explained the hype around AI is that it automates processes and is fast.
The Application of AI in Modern Law Practice
Jay transitioned to explaining how AI is applied in law practice and how it can be used to help a practice. AI can help through contract review and analysis, contract management, legal research, eDiscovery, and litigation prediction. For contract review and analysis and contract management, AI creates higher efficiency and cost savings while also preventing human error when reviewing or managing several large contracts.
Some examples of AI for contract review are Kira and AxDraft. AI saves money and creates efficiency when used for legal research. It also generates a better-quality work product and can get better matches from traditional search based on multitudes of user data. Examples of AI for legal research include LexisNexis, WestLaw, and CaseText.
When used for eDiscovery, AI offers opportunities for automation, resulting in faster document review and fewer costs. It can parse text, identify relevant documents, and issue-spot in a fraction of the time as human review. Examples of eDiscovery AI include Disco and Logikcull. For legal prediction, AI can use data to help decide whether to take on a case. It can analyze an array of data points and can predict values and/or outcomes of litigation matters. An example of litigation prediction AI is CaseYak.
Ethical Issues in Law Firm AI Use
Next, Jay discussed legal issues that may arise when using AI in law practice. Ethical considerations include competency, confidentiality, communication, and supervision. To cover competency, when using AI, it is vital to know the technology you are using. To ensure confidentiality, you must prevent inadvertent or unauthorized disclosure. In the matter of communication, you must be able to explain the AI technology you are using to clients. If AI solutions are being used, it is the supervisor’s responsibility to ensure their subordinates have competence using the technology.
Jay concluded the program with final takeaways, including advice for risk management and regulatory developments, such as using AI to enhance access to justice. As a general principle, he recommends exercising independent judgment and remembering that a platform is only as good as the human that uses it. He also stressed the importance of taking responsibility to take the time to become competent and train peers and subordinates adequately on the AI technology you choose to use in your law practice.
If you are interested in attending future presentations, visit the events page to view upcoming programs hosted by LawBank.
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LawBank is a collegial, shared office environment for solo and small law firms. Offering central locations in Denver and Las Vegas, LawBank is the leading community for independent law firms. Members have access to a variety of workspaces, including private offices, suites, and conference rooms. LawBank’s amenities expand far beyond workspaces, as they host CLE opportunities, wellness programming, and other professional development offerings that help firms grow and thrive. If you are seeking a total-office solution for your independent law firm, contact LawBank to schedule a virtual or in-person tour.
