You need to take time to learn about AI. Here's how you can start.

Issue 3

In the first issue of the newsletter, I wrote about creating A Lawyer’s Practical Guide to AI when I realized that all lawyers will need to develop AI competency. Today I’m going to elaborate on why you need to develop AI competency even if you don't intend to use AI, and offer you a free resource that can help you figure out how to do it.

Why You Need to Develop AI Competency

If you are deeply skeptical, based on what you know today, about whether AI can be useful in a legal practice, you may have thought, "why do I need to know about AI if I don't intend to use it?" There are some good reasons to be skeptical about AI for lawyers. AI has documented issues with (among other things) accuracy, bias, and confidentiality. Some lawyers who have blindly trusted AI tools have ended up in the news, and it feels like an understatement to say that it’s an area of technology that has advanced recently and rapidly.

And yet, if you want to feel confident that you can continue to successfully navigate the shifting legal industry, you really need to understand AI. Even if you are opposed to using AI, it is changing the world around you. If you use Microsoft Word, you’re already an AI user. If you, as a leader of your organization, don't learn about AI, you could miss a critical opportunity to make policies that protect confidential client and organization information. Depending on your practice, your existing clients may need AI-related legal advice. AI could also come up in the context of an evidentiary issue at trial. And if those reasons aren’t enough to convince you, the American Bar Association (“ABA”) has taken the position that lawyers must understand technologies impacting the practice of law as a matter of competence. For all of these reasons, even if you don't want to use AI, you need to learn about AI to continue being a competent lawyer. 

There’s also the issue of remaining competitive. Some lawyers have already found ways to use AI to their advantage. Have you considered what you will say when a prospective client inevitably asks whether you’re using AI? How would you respond if that same prospective client shared that one of your competitors has offered a flat fee at a reduced rate for the client's project, made possible by utilizing AI? Wouldn't you be in a better position to win that client if you'd done your due diligence on AI? Then you could explain that you've vetted the AI tool options and your reasons why the client would ultimately be better served without the assistance of AI, rather than sputtering about how AI just…seems too (insert your own objection here - risky, dangerous, new, etc.)

Another issue for you to consider is the ABA has theorized that if a lawyer does not use an AI tool that would materially reduce the cost of their legal services, it could mean that the lawyer has charged an unreasonable fee. If you ultimately decide to investigate the AI tool options available, even the most skeptical lawyer might be surprised by what they find. AI tools are already available for a surprising array of legal use cases. Not all AI tools for lawyers require the disclosure of confidential information. The risks associated with hallucinations are not equal across all AI tools or use cases. After surveying the available options, you may remain convinced that the currently available AI tools are not worth your time. But at least you’d be able to explain your reasons to a prospective client with honesty and confidence.

All lawyers can benefit from proactively working to develop AI competency. For lawyers who are skeptical or fearful of AI, developing your AI competency can help you pinpoint where exactly where your fear and skepticism should appropriately be placed, in contrast to areas where you may need to reexamine your concerns in light of your professional obligations to stay technologically competent and charge reasonable fees. For those lawyers who are eager to use AI, taking the time to develop your AI competency first can reduce your risk of an AI mishap and maximize the potential benefits of using AI for your organization.

Roadmap to AI Competency

Figuring out how to get up to speed on AI can be overwhelming. One of the reasons I wrote A Lawyer’s Practical Guide to AI was the realization that if I were still practicing law, it would be very challenging to carve out the time to research all of the various AI-related issues impacting lawyers. I’ve created a free resource to help lawyers get started on developing their AI competency, called Roadmap to AI Competency for Lawyers. The resource includes six actionable steps you can take to develop your AI competency.  If you haven’t already done so, you are welcome to sign up for access to the free resource here. 

For visual learners, I’ve also created this infographic depicting the six steps making up the Roadmap to AI Competency for Lawyers. You’ll want to access the free resource linked above for full details.

Thanks for being here.

Jennifer
www.goodjourneyconsulting.com   

P.S. If you’re ready to get up to speed on AI now, A Lawyer’s Practical Guide to AI can help you do it faster. The guide is designed to help you develop your AI competency on issues that matter to lawyers, and also gives you actionable steps to help you explore whether you are ready to adopt AI in your practice, featuring a directory of over 150 AI tools developed for lawyers. 

You can get the guide here.