Generative artificial intelligence (AI) applications have been a topic of discussion and think pieces since ChatGPT 3.5 entered the zeitgeist in December of 2022. These AI programs offer numerous labor-saving functions: drafting communications, conducting research, preparing documents, creating content for presentations and marketing, etc. As 2023 progressed, however, the perils of generative AI also emerged: embarrassingly wrong research, defamation suits, court sanctions, etc. And generative AI is not the only type of AI available; other AI applications have identified protein structures that support medication development, drive vehicles autonomously, and provide cybersecurity. But like generative AI, those applications also create certain risks.
Lawyers and other professionals have begun exploring how they can incorporate AI into their business operations, using a variety of functions. Law firms are adopting generative AI functions into their document management systems to make document production more efficient. Westlaw has introduced an AI program that assists with research. Litigators in certain fields rely on AI software to analyze court decisions to make more favorable venue choices. These applications introduce strengths and weaknesses to the practice of law. This program guides attorneys through the technology of AI and the concerns AI creates before discussing how we and our clients may use AI now and in the future. Our journey together includes discussion of: AI technology; examples of AI applications; training and ethical concerns; regulatory and legal concerns for developers; AI in the workplace; AI in discovery; the potential for malpractice; generative AI in the practice of law; and AI and access to justice in our courts.