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41 I L T A N E T . O R G T he introduction of Generative AI (Gen AI) into the legal industry has taken on a life of its own, far surpassing previous "disruptive technologies" (e.g., the internet, smartphones, online legal research, analytics, etc.) in terms of speed of development, customer demand and adoption, workflow integration, new use cases, and more. But while legal solution providers have jumped in the ocean with both feet to bring AI tools to market and demonstrate their value, a lack of trust is keeping most lawyers on the beach, gingerly sticking one toe in the water and trying not to get swamped by a wave of new products. Similarly, the continuing saga of high-profile AI missteps among lawyers has only increased the overall wariness towards Gen AI- powered technology. The recent LexisNexis Investing in Legal Innovation Survey showed that only 37% of senior lawyers say their firm already uses AI. While 90% indicate their firms will increase Gen AI investment over the next five years, only 25% trust the technology for legal work. Survey respondents indicated that the biggest hurdles to the adoption of Gen AI-powered solutions are: • Trustworthiness of current solutions (86%) • Quality of current solutions (75%) • Hallucinated/invented content concerns (74%) And why wouldn't legal professionals be skeptical? In the first year since Gen AI's legal industry debut, numerous lawyers have been sanctioned and suspended for citing non-existent case law created by Gen AI tools. While the onus always rests upon lawyers to do their due diligence and certify their work product, the underlying fear of Gen AI tools inventing answers and presenting them as facts that many legal professionals find most concerning. Similarly, law firms and in-house counsel are sensitive about their matters being compromised, data misused to train core AI models, or privileged information falling into a competitor's or opponent's hands. So, what needs to happen to create trust in Gen AI? On the one hand, technology providers need to ensure their products minimize hallucinations, that all data, documents, and Gen AI prompts are private and secure, and that their offering delivers value above and beyond what currently exists. On the other hand, lawyers need to understand what Gen AI is capable of –good and bad, how and when to use or not use it, and their client's or the Court's expectations regarding its use. By overcoming these concerns, lawyers can use Gen AI to their advantage, creating new efficiencies, improving knowledge and legal service delivery, and transforming legal work with innovative, value-added offerings that generate new revenue streams. Closing the trust gap will require education, hands- on training, practical experience, and guardrails. 41 I L T A N E T . O R G "Closing the trust gap will require education, hands- on training, practical experience, and guardrails."

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