In the ever-evolving legal technology landscape, generative AI (GenAI) transforms how legal professionals approach their work. However, as Olga V. Mack highlights in her insightful article, not all GenAI legal risks are equal. This article presents a comprehensive framework for assessing and managing the potential risks of GenAI within the legal profession.
Key Points and Learning Outcomes:
- Understanding the Risk Continuum: The article introduces a helpful framework for evaluating the risks associated with GenAI, which range from low to high, depending on the legal activity.
- Low-to-Moderate Risk: GenAI can be effectively used for corporate communications and educational content. While these activities are generally low-to-moderate risk, addressing data privacy concerns and verifying AI-generated outputs is crucial for accuracy and fairness.
- Moderate Risk: AI-assisted preliminary legal research carries moderate risk, primarily due to potential data privacy issues and biases in training data. Human oversight is essential to ensure the reliability of AI-generated research.
- Moderate-to-High Risk: Drafting initial legal documents using GenAI raises significant data privacy and confidentiality concerns. Legal professionals must thoroughly review AI-generated documents to meet legal standards and avoid errors.
- High Risk: Utilizing AI for legal analysis and strategy involves high risk. Lawyers must ensure transparency and validate the AI’s reasoning to prevent biases from skewing outcomes.
- Very High Risk: Providing legal advice with the aid of AI requires meticulous review to ensure accuracy and reliability, as lawyers are ultimately accountable for the advice given.
- Highest Risk: Preparing court filings with AI is the highest-risk activity. It is imperative to verify that AI-generated filings adhere to court rules and accurately represent clients to avoid detrimental legal consequences.
Read the full article on ACC Docket here to explore how to responsibly integrate GenAI within legal practices and effectively manage associated risks.
