BENJAMIN FRANKLIN ONCE SAID, "... IN THIS WORLD, NOTHING IS CERTAIN EXCEPT death and taxes."1 Yet, in recent years, this quote has missed a third key certainty. Now, nothing in life is certain except death, taxes, and the constant evolution of technology. The rise in new technology has rapidly and undoubtedly changed the landscape of the legal profession.

ISBA RESOURCES

  • ISBA PracticeHQ, Vetting AI for Attorneys, law.isba.org/3NCMGAf
  • Hon. E. Kenneth Wright Jr, Hon. Michael Chmiel, & Edward Casmere, Artificial Intelligence Update, Bench & Bar (Dec. 2023), law.isba.org/3GM7PEv.
  • David A. Johnson Jr., Five Steps for Performing Due Diligence on an Acquisition Target's Use of Generative AI, The Counselor (Nov. 2023), law.isba.org/3RRt520.

TAKEAWAYS

  • Generative artificial intelligence (AI) is a category of AI that can generate content indistinguishable from content created by humans.
  • For attorneys, generative AI can be a useful tool that can increase efficiency and simplify complex tasks. However, attorneys must be careful in using generative AI results, and some courts require disclosing whether AI was used in an attorney's work.
  • The Illinois Rules of Professional Conduct provide several pointers applicable to the ethical use of generative AI, and somewhat imply disclosing to clients when this tool is being used to assist their case.

In an era defined by rapid technological advancement, the legal profession finds itself at the nexus of innovation and tradition. Generative artificial intelligence (AI), stands as proof of the transformative power of technology, promising to reshape the landscape of law and advocacy.

This article examines the intersection of generative AI and the legal profession, exploring how this new, ever-changing technology is redefining the practice of law. From automating routine tasks to modernizing legal research, generative AI is a catalyst for change that has the potential to expand access to justice. But the use of generative AI also raises critical questions about technology and legal ethics.

Generative AI

Generative AI refers to a subset of AI technology designed to generate new content, such as text or images, that is often indistinguishable from content created by humans.2 Generative AI systems are built using deep learning techniques, particularly with recurrent neural networks (RNNs) and more advanced models like generative adversarial networks (GANs) and variational autoencoders (VAEs).3

Benefits of using generative AI

Generative AI has the potential to offer several benefits to the legal profession:

Document automation. Generative AI can assist in generating legal documents, contracts, and agreements quickly.4 This can save lawyers time by automating the drafting of routine documents, allowing them to focus on more complex legal work. In turn, lawyers can bill fewer hours (and charge clients less money) for routine drafting projects.

Legal research. Generative AI can help legal professionals conduct extensive legal research faster and more efficiently. It can analyze large volumes of legal texts, cases, and statutes to provide applicable information and precedents.

Predictive analytics. Generative AI can analyze historical case data to predict legal outcomes.5 This can assist lawyers in making more informed decisions, such as whether to take a case to trial or pursue settlement negotiations. This feature can help lawyers who charge contingent fees to make significantly more money while potentially bearing less risk.

Document analysis. Generative AI can simplify document analysis by conducting due diligence and reviewing contracts.6 For example, generative AI can conduct due diligence in mergers and acquisitions by reviewing and summarizing large sets of documents, helping lawyers identify potential risks and opportunities. Additionally, generative AI can review and isolate important information from contracts, allowing lawyers to identify key terms and potential issues. This generative-AI feature can be particularly useful in contract management and compliance.

LAWYERS SHOULD ALWAYS AND CLEARLY COMMUNICATE WITH THEIR CLIENTS ABOUT THE USE OF AI IN CASES, INCLUDING ITS BENEFITS AND LIMITATIONS. ALSO, LAWYERS SHOULD BE SURE TO OBTAIN INFORMED CONSENT, WHEN NECESSARY, FROM CLIENTS.

Access to justice. Generative AI has the power to increase access to justice in numerous ways. Chatbots powered by generative AI can provide preliminary help to potential clients and/or pro se litigants by answering common legal questions.7 The automation of routine tasks through generative AI can reduce operational costs for law firms.8 This in turn can lead to legal services becoming more affordable to a broader range of the public. In theory, this could result in a decrease in the number of pro se litigants, who often require more of the court's attention. Furthermore, generative AI can assist in translating legal documents and conversations, making it easier for legal professionals to work across different languages and communities. 

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Footnotes

1. NCC Staff, Benjamin Franklin's Last Great Quote and the Constitution (Nov. 13, 2022), law.isba. org/4au9cVK.

2. McKinsey & Co., What is Generative AI? (Jan. 19, 2023), law.isba.org/41pkOW9

3. Alyssa Schroer, What Is Artificial Intelligence?, Built In (Jul. 27, 2023), law.isba.org/4ao8Spf; George Lawton, What Is Generative AI? Everything You Need to Know, TechTarget (Oct. 2023), law.isba.org/3Tw4z7Q; Amazon Web Services, Inc., What Is GPT?, law.isba.org/3RtDEH5.

4. Kritika Singh, et al., 16 AI Legal Drafting Tools for Effortless Legal Perfection, Geekflare (Aug. 28, 2023), law. isba.org/3GQ6XP4.

5. Matthew Stepka, Law Bots: How AI Is Reshaping the Legal Profession, American Bar Association (Mar. 2022), law.isba.org/3RMQTUm.

6. Rob Toews, AI Will Transform the Field of Law, (Dec. 19, 2019), law.isba.org/3Rrrsqk.

7. Jeffrey R. Schoenberger, Artificial and Superficial Intelligence, 111 Ill. B.J. 42 (Aug. 2023), available at law.isba.org/41wXhme.

8. Id.

Originally Published by Illinois State Bar Association

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