Thinking about using AI in your firm? Read this first
Most of us lawyers are naturally risk averse. But don’t let this fear prevent you from exploring AI
If you are a solo practitioner or work for a small firm, you should consider utilizing AI. But how? The following is a safe, practical, ethical approach to adopting AI.
This short guide provides a step-by-step roadmap that typically takes 3-6 months to implement, which should garner measurable efficiency gains within 60 days of a firm’s first AI tool deployment.
Study AI Ethics Opinions. Before starting with AI, study Florida Bar Ethics Opinion 24-1 and ABA Formal Opinion 512. Other states have issued opinions on AI ethics, and more are expected to follow. AI is an evolving area, and we should study any new views on AI ethics, regardless of the jurisdiction.
Create an AI Committee. Unless you are a solo, create an AI committee where you and others at your firm address all aspects of AI for the firm.
Create an AI policy. Irrespective of your firm’s size, you should create a written policy addressing how the firm will use AI. If nothing else, such a policy will help you focus on how the firm should approach AI. The policy should outline how the firm will utilize AI within the framework of established AI ethics guidelines and in alignment with your clients’ needs and requirements. Establish a “human in the loop” requirement where no AI-generated content reaches a client without attorney review.
Don’t Rush to Buy AI. Many firms are putting the cart before the horse. AI law tech companies are inundating them with their platforms and products, convincing them to purchase licenses for their AI needs before they have defined those needs themselves. Before you spend money on AI platforms, first evaluate how AI can help you. First, determine your AI needs, and then enter the marketplace to shop for AI solutions.
Study What Your Firm Does and How It Does It. The idea behind AI is to make your job easier, shorten the time it takes to perform tasks, and improve the quality of your output. Chances are, your firm already has processes, procedures, task lists, and decision trees in place. Maybe it doesn’t. Start by taking your standard cases and writing out everything your firm does from onboarding through closing the matter. List all the tasks you and your team perform and then group them by similar tasks. For example, if your firm has to summarize all types of records – medical records, deposition transcripts, client documents, contracts, etc. – then you’ll want to look for an AI platform to summarize records. Track how much time your team currently spends on repetitive tasks like document review, legal research, and drafting routine correspondence – these hours represent your most significant opportunity for AI-driven time savings. Tracking this metric at the outset will allow you to quantify the time saved through proper AI implementation.
AI can analyze your firm’s operational data to identify which activities yield the highest profit margins, which marketing channels deliver the best results, and which internal processes consume the most time.
Identify the Needs, then Research the Platforms. Once you have identified your AI needs (summarizing records, reviewing contracts, drafting emails, taking depositions, and preparing for trial), determine which platforms meet those needs. Do this by going online and searching for platforms that perform that task. For example, Google “AI law platforms that summarize records” or “AI law tech programs that handle legal research,” or whatever your needs are. Odds are, you’ll see a lot of paid websites by vendors in the AI space. Look for articles by attorneys and those in the AI space comparing AI law-related platforms.
Client Value Proposition. Position AI adoption as a client benefit by explaining how it allows you to deliver faster turnaround times, more thorough document review and case preparation, and competitive pricing.
Reach out to the AI Platforms. Identify two or four AI platforms for each group of tasks you believe AI could help with and reach out to them for a (1) demo of their product, (2) a free short-term license to experiment with it, and (3) references of other firms who use it. Be aware that most platforms tend to oversell and overpromise. Ask a lot of questions and ensure the platform delivers on its promises.
It Is a Team Effort. The process of identifying tasks and deciding which platforms can perform them is time-consuming. Don’t take it all upon yourself. Have others help. You’ll want their input and buy-in.
Experiment with AI. AI doesn’t make sense in the abstract. You have to try it. Kick the tires and check under the hood. Pay for a month-to-month subscription to a popular large language model (LLM), such as ChatGPT, Claude, Grok, or Perplexity, and experiment with it. Two big caveats – don’t input anything confidential, and don’t trust the output. An LLM is a gossip and pathological liar. Don’t trust it to keep your secrets and always double-check its production. Some may say, if I can’t trust it, why use it? The reason is that if used correctly, it can save you time and improve your work product. One approach is to use publicly available legal documents, such as court filings (not from your own cases) or bar association samples, for your initial experiments. This approach enables you to test AI capabilities without compromising confidentiality, while still working with legal content.
Understand What You’re Signing Up For. As you travel the AI path and find one or more platforms that you believe would serve you, your matters, and your clients, take a close look at their licensing agreement. Does your data remain yours? Is it protected? Does it remain confidential? How safe is your data? What steps are taken to protect yourself from data breaches? A vendor’s mismanagement or misuse of your data can have serious consequences. As lawyers, we’re responsible for any platform we use.
Train Your Team. Once you commit to an AI platform, train yourself and your team on the platform. Make training a collaborative and group effort so your team members can learn from one another. Consider holding weekly Teams or Zoom calls where everyone can share their screens and share what they’re doing with AI.
Stay Abreast About AI. AI is evolving daily. The AI we experimented with in the fall of 2022 is prehistoric compared to today’s AI. To stay ahead of the changes, listen to podcasts, watch YouTube videos, and read blogs, social media posts, and articles that discuss all the latest AI developments, evolution, and applications. Stay informed about market trends to maintain a competitive edge while avoiding the costly mistake of adopting inferior technology.
Don’t Let Fear Freeze You. AI is new. It’s easy to misunderstand. It’s upending the practice. It makes mistakes. There have been dozens of firms whose misuse of AI has been widely reported in legal and business publications, as well as on social media. Most of us lawyers are naturally risk averse. But don’t let this fear prevent you from exploring AI.
Reach Out to Other Lawyers Using AI. Increasingly, a community of lawyers is emerging who are experimenting with and utilizing AI, with members speaking and meeting to discuss best practices. Search out others who are on this AI journey like you and meet with them in person, online, or virtually to discuss what they’re doing, what’s working for them, and what’s not when it comes to AI.
AI does not have to be mysterious, scary, or overwhelming. Taking the proper steps and doing your due diligence is sufficient to catch up to others who are already far along in the AI race and even get ahead of the AI curve.
Maria Papasakelariou works in the Miami Office of Wilson Elser. She can be reached at [email protected]. Frank Ramos works in the Miami Office of Goldberg Segalla. He can be reached at [email protected].
