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The failure to embrace Artificial Intelligence will put both the bench and bar at a competitive disadvantage. Conversely, those that employ this remarkable technology will have a significant edge. Its creativity, speed, and efficiency is already revolutionizing the practice of law and administration of justice. It will particularly transform how trials are conducted. However, there are caveats. Venture capital is off to the races developing new applications for the technology with a troubling lack of focus on unintended consequences. The technology must be employed responsibly and therein lies the challenge; capitalizing on the benefits while managing the risks. Furthermore, mandatory ethics rules require proficiency with technology and AI is a critical component of the current landscape. Counsel that fail to keep up with the technology or employ it irresponsibly, risk discipline. The judiciary is likewise responding to AI challenges. Local Rules are beginning to surface outlining guidelines and, in some instances, sanctions have been imposed. There are exponentially more questions than answers which makes it critical to closely follow and responsibly embrace AI.
- How will lawyers responsibly employ and adequately supervise the use of AI tools?
- More specifically, how will they manage and maintain quality control?
- How will AI be integrated into research, pleading preparation, motion practice, discovery and trial practices?
- How will the bench employ the technology to manage its docket and its use by litigants?
- How will lawyers deal with the risk of inadvertently obtaining, reviewing or disclosing privileged communications?
- How will users deal with AI “Hallucinations” where AI completely fabricates output?
- What are the confidentiality and plagiarism risks?
- Who owns the copyright to AI products?