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April 3, 2024 - by Pamela Langham

Why Lawyers Can't Afford to Ignore AI

The integration of artificial intelligence (AI) into the legal profession is no longer a futuristic concept, but a present necessity. As AI continues to revolutionize various industries, the legal field is also experiencing a significant transformation. Lawyers who do not adapt to this change risk falling behind their tech-savvy competitors. Lawyers should embrace AI—there are benefits of doing so, and the potential consequences of failing to adapt are demonstrable.

The legal profession has historically been characterized by a cautious approach to adopting new technologies, a trend exemplified by the initial reluctance of older lawyers to embrace online legal research tools like Lexis and Westlaw. When these platforms were first introduced, many seasoned attorneys, accustomed to traditional methods of sifting through physical case reporters and legal texts, viewed the digital shift with skepticism, concerned about the reliability and comprehensiveness of online databases. This hesitancy mirrored a broader apprehension towards the digitization of information, which was disrupting established norms and practices across various industries. Fast forward to the present, and the landscape has dramatically transformed with the advent of AI technologies designed to assist lawyers. Today's legal professionals, including those who may have once been reticent, are increasingly recognizing the benefits of AI in enhancing the efficiency and accuracy of legal research, document review, legal writing and even predictive analytics. The current environment reflects a growing acceptance that AI tools are not a replacement for the lawyer's judgment, but rather a powerful adjunct that can distill vast quantities of data into actionable insights, thereby augmenting the lawyer's expertise. This shift in attitude underscores a broader evolution within the legal field—a move from skepticism to integration of technology—as lawyers now navigate an increasingly complex digital world where AI is an ally, if applied correctly, in the pursuit of legal excellence.

AI has definitely changed the legal landscape. Many of the AI advancements in the legal sector assist in legal research, writing and analysis. But the benefits don’t stop there. Law firms can use AI to assist in mundane legal administrative tasks. In-house counsel can apply AI to assist with contract review and compliance matters. If you haven’t already, please do read through the MSBA’s previous articles on the ways AI can enhance a lawyer’s practice, since the core concepts are still relevant. See Trends In AI Legal Tech, MSBA Blog (April 1, 2024); Don't Reinvent the Wheel:  Leveraging Your Firm's Data With a Custom Legal GPT, MSBA Blog (February 29, 2024); Meet Anthropic's Claude. Your New Hardworking AI Associate Who Doesn't Bill By the Hour, MSBA Blog (October 29, 2023). Please also take some time to educate yourself on the perils of AI. See Deepfakes and Voice Cloning: The Coming Evidentiary Crisis, MSBA Blog (January 31, 2024), Artificial Intelligence: A Legal Minefield for Lawyers, MSBA Blog (February 5, 2024). 

One of the key reasons why lawyers may want to think about embracing AI or possibly risk obsolescence is the increasing interest and demand of their clients to do so. AI is altering client expectations in profound ways. Some clients now anticipate faster responses and more efficient case handling due to AI's ability to rapidly process and analyze vast amounts of legal data. As AI can help tailor legal strategies to individual client needs, they will begin expecting a higher level of unique personalization in their legal services. Moreover, the predictive capabilities of AI are raising clients' expectations for accurate forecasting of case outcomes. AI's data-driven insights may also begin clients expecting more transparent billing practices. As AI continues to advance, it is likely that clients will increasingly seek out legal firms that integrate these technologies into their practice, looking for the competitive edge that AI can provide. This shift is pushing lawyers to stay abreast of technological advancements and incorporate them into their services to meet the evolving demands of their clients.

The integration of AI into the legal profession is not just an emerging trend but a reality that necessitates ongoing education for legal professionals. As AI technologies become more sophisticated, they are increasingly capable of performing tasks which traditionally fell within the purview of lawyers or paralegals. This shift calls for a continuous learning approach where legal professionals must stay abreast of the latest developments in AI to leverage these tools effectively and ethically. Moreover, law schools play a pivotal role in preparing future lawyers for an AI-driven world. They are tasked with the responsibility of incorporating AI literacy into their curriculum, ensuring that new lawyers graduate with a solid understanding of how AI works, its potential impact on the legal system, and the ethical considerations it raises. By doing so, law schools can equip future legal practitioners with the skills necessary to navigate the complexities of a technologically advanced legal landscape, fostering a generation of lawyers who are not only proficient in the law but also in the technology that is transforming their profession. Finally, while the Maryland Attorneys’ Rules of Professional Conduct do not mirror the ABA’s Comment 8 to Model Rule 1.1 requiring lawyers to stay abreast of relevant technology, the Maryland Rules do require lawyers to “keep abreast of changes in the law and its practice.” See Comment 6 to Rule 19-301.1 (Competence).

Lawyers should think about becoming proficient in AI technologies. AI can enhance a lawyer’s expertise. Indeed, AI is an indispensable tool for modern legal professionals. Lawyers also should stay current with technological advancements to remain competitive and effective in the legal field. Some argue that if the legal field does not embrace AI then lawyers risk becoming obsolete. If that is on the horizon, it will be many years away. However, the digital shift in AI by clients is a profound reason that lawyers may want to stay abreast of the most current uses of AI in their practice. Don’t get left behind.