Artificial intelligence (AI) is being used in almost every industry to some degree, and the legal field is no exception.
There’s no question that AI can be useful to lawyers. It can be used to help dig through piles of legal research, analyze lengthy contracts and even make case management more efficient. However, AI is not without its pitfalls, and industry insiders say that the incorrect use of AI is likely to lead to malpractice claims in the near future.
The use of AI by lawyers is not without controversy
In general, the risk that AI could be tied to malpractice is tied closely to how it ends up being used by any given attorney. Lawyers are obligated to make sure that they supervise the work being done on behalf of their clients, whether that’s by a paralegal or a computer. If an attorney relies too heavily on AI to do their work – perhaps prioritizing speed above all – they may fail to be reasonably diligent on their client’s behalf.
Here are some of the key ways it can happen:
- Errors in research or document review: AI systems can analyze huge amounts of case law, dig through statutes and pick apart legal documents, but they’re not infallible. For example, an AI tool could miss a controlling precedent that applies to a specific case, and that could lead to a loss in court.
- Release of privileged communications: AI tools may frequently be used to categorize electronic documents during the discovery process of a case – but the computer may fail to recognize certain privileged communications. If those are exposed, the client’s privacy (and their cause) may suffer from the breach in communications.
- Biased algorithms and bad predictions: The existing data that AI systems learn from can be biased, which means that predictions based on that data can also be tilted. If an AI system is used to make predictions about a case’s chances of success or assess legal risks and it produces biased results, that could lead to guidance and decisions that unfairly disadvantage certain clients.
Finally, clients deserve to know exactly how much an attorney relies on AI in their practice. If you’ve been deceived by your attorney and you’ve suffered a loss as a result, it may be time to explore your additional options for redress.