By Kathryn R.S. Spray I Senior Attorney
My Dad made his living in “the computer business.” At the risk of dating myself, I will tell you that I grew up on stories about the evolution of technology (the first computer my Dad ever saw was the size of a warehouse and could only add and subtract). My brothers and my husband all make their living in various facets of the technology industry, and if I have learned one thing over the years it’s that technology progresses quickly.
Unlike the rest of my family, I went into the legal profession, which is more of a tortoise than a hare. My work world is based upon the examined analysis of facts and learning from the past rather than racing into the future. It is intentionally a slow roll. And until recently, it was my experience that the world of technology and the world of the law didn’t intersect very much. But with the development of AI, all that has changed. Hardly a day goes by now when I don’t receive a request to review an AI-generated document. So much so that I feel moved to give you my perspective on how to use AI for legal matters, and how not to.
AI has its benefits. It is a useful tool for educating yourself on the kinds of issues that might be involved with a given legal matter. For example, before speaking to an attorney about drafting an Operating Agreement for your LLC, reviewing an AI-generated Operating Agreement may show you the kinds of issues that are normally included in such an agreement. Reviewing that AI-generated Operating Agreement in advance of a conference with your attorney may help you prepare to answer questions about how you would like to handle those topics and, as a result, reduce the amount of time your attorney spends on explanation and revisions. You may then end up with a final Operating Agreement drafted by your attorney that more accurately reflects your intentions while also reducing the amount of legal time (and cost) that goes into preparing it.
But using that AI-generated Operating Agreement as your LLC’s governing document is not recommended. Your attorney should handle the drafting. Here are some of the reasons why:
- AI tools pull from all kinds of sources, near and far, without vetting them. The law changes from place to place and differs with individual fact patterns. AI is more of a “one size fits all” response whereas your attorney will give you an answer that is tailored to your jurisdiction and your unique set of facts, based upon their experience and education.
- AI tools “hallucinate.” We’ve all heard about this. AI tools are people-pleasers that work to generate answers based upon what they think you want to hear, even if the information provided is inaccurate. Your attorney knows how to filter out inaccurate or outdated information and will tell you what you need to hear.
- AI tools make your information public. When you input information about yourself or your business into an AI tool, that information becomes public and subject to use in other third-party searches. Things like the attorney-client privilege and trade secrets can be destroyed by using AI, and data privacy laws can be violated. Discussions with an attorney are privileged and protected under the Rules of Professional Conduct.
- AI tools often prioritize the most recent information received. In our ever-changing world, the most recent information is not always the most dependable. Ignoring established precedents and policies can lead to incorrect advice. Attorneys are experts in balancing historical precedent with new findings.
- And most importantly, in my opinion, AI tools lack training, ethical obligations, empathy, and accountability. There is no professional entity to hold AI accountable and no malpractice insurance to cover damages from incorrect advice given. AI does not have the ability to understand your personal goals and to weigh your individual strengths and weaknesses in developing strategies. Your attorney offers all of these benefits.
AI’s speed makes it a tempting tool, but use of AI for legal representation or reliable legal advice is a perilous endeavor. Many clients ask me: Why not use a blended approach by starting with an AI-generated document created by the client which is then sent to an attorney for review and editing? Would that not be most efficient practice? While I understand how this strategy might seem efficient to a client, handing an AI-generated document to your attorney for editing is a little like decorating a room. If you walk into a room that has four blank walls, you can immediately start furnishing it. But if the walls are covered with mirrored 70’s wallpaper and the electrical is doubled up and overloaded, you are going to spend a lot of time and money fixing it before you get to the point that you can begin furnishing. Starting with an AI-generated legal document often costs more and takes longer to unwind and revise than if your attorney had started from scratch or used their own time and legally tested practice forms because the attorney will need to correct errors and “clean up” the AI document before they can start drafting in earnest.
When it comes to legal advice, I recommend the slow roll. Remember, it’s the tortoise that won the race. 😉