What does it mean to develop AI competency as a lawyer?

Issue 8

Today I want to acknowledge that the AI revolution now underway has created particularly tricky challenges for lawyers compared to other professionals. I imagine you might feel frustrated to be confronted with the idea that you need to get up to speed on AI to remain competent as a lawyer. I think that the reason AI has created more complications for lawyers than for your average professional boils down to the problem of technological advancement outpacing the law when the law happens to be your work.

Doctors may be under pressure to use AI just like lawyers are, but AI hasn’t infiltrated their entire working world in the same way. Your primary care physician may be thinking about how to use AI in their medical practice, but doesn’t also have to worry about being prepared to possibly treat patients with AI-related medical conditions.

Lawyers, on the other hand, have been bombarded seemingly on all sides by AI. There are new laws being proposed and sometimes enacted in response to AI. Over 200 federal and state judges have issued or amended orders, rules, or guidance in relation to AI use in courtrooms.[i] There has been a proliferation of AI-related lawsuits. The ABA and some state bar associations have issued guidance in response to new AI issues impacting the practice of law. Litigators are arguing over AI-related evidentiary issues, and should be paying attention to how their expert witnesses are using AI.

Lawyers are also under immense pressure to keep up with their competitors by adopting AI in their practices, or risk losing clients. At least 200 AI tools developed for lawyers are already available. Lawyers who lead or advise their organizations must regulate the internal use of AI to safeguard their organization and client information. And lawyers also should prepare for the AI-related legal issues that may arise for their clients.   

It’s overwhelming when you stop to think about it.

Given the many ways AI is impacting the practice of law, it’s no wonder that the ABA has taken the position that lawyers must remain up to date on technological advances in order to maintain their competency. But it’s certainly not easy. So, I’ve developed a roadmap to help you grasp the big picture of what needs to be done to develop AI competency.

What does it mean to develop your AI competency as a lawyer?

To begin with, developing your AI competency means learning enough about AI that you can continue to satisfy your professional responsibilities. That means developing some foundational knowledge about AI, how it is directly impacting lawyers and the practice of law, and how that intersects with your professional responsibilities. The jurisdictions where you practice likely will not require you to become an expert in AI technology, and you don’t even necessarily need to immediately begin using AI (and in fact, you should develop your AI competency first before you use AI for law-related purposes).

While you don’t need to learn everything about AI to develop your AI competency, you do need to inform yourself about AI in the areas where it has the potential to impact your work. Once you understand how AI is changing the practice of law, and what that requires of you as a lawyer, you need to consider how AI may be impacting your clients, ideally before your clients begin to bring AI-related questions and issues to you.

Additionally, if you are a leader, you need to assess AI in relation to your organization. This involves creating policies and procedures to regulate internal AI use to safeguard organization and client information. And it also involves making a plan to consider the various opportunities for using AI in legal work, while evaluating the associated risks.

Finally, you’ll need to recognize that AI developments are continuing to occur rapidly, and maintaining AI competency will be an ongoing process.

The Roadmap to AI Competency for Lawyers

If you want more information about how to develop your AI competency, I invite you to download my free resource, Roadmap to AI Competency for Lawyers. The roadmap explores six practical steps you can take as you develop your AI competency. You can sign up for access to the roadmap here.

Thanks for being here.

Jennifer
Good Journey Consulting

[i] Jessiah Hulle, Litigators Must Do Court-by-Court Homework as AI Rules Flourish, Bloomberg Law, (Nov. 4, 2024, 1:30 PST), https://news.bloomberglaw.com/us-law-week/litigators-must-do-court-by-court-homework-as-ai-rules-flourish.