P2P

Spring24

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1521210

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28 P E E R T O P E E R : I L T A ' S Q U A R T E R L Y M A G A Z I N E | S P R I N G 2 0 2 4 AI output, creating a more cooperative environment where legal experts are responsible for checking and improving Gen AI outputs. Additionally, law firms can use pilot programs and phased rollouts to experiment with fine-tuning Gen AI integration. Feedback mechanisms and adaptive learning systems can boost Gen AI tools' performance over time, ensuring the technology develops according to the firm's needs. Despite the challenges that Gen AI presents for legal practices, law firms should not shy away from developing and implementing solutions that address these challenges. By combining technological enhancements, targeted education, and intelligent deployment, legal entities lay solid foundations for the effective and efficient use of Gen AI. Ethical Considerations in Gen AI Deployment As Gen AI technologies become more involved in legal processes, the consequences of their usage go beyond simple productivity, affecting essential ethical issues like bias, transparency, and accountability. Ethics has always been a significant concern regarding AI and has become even more critical in adopting Gen AI solutions. These systems are trained on large datasets, and since these datasets have different levels of biased data, the AI can transfer or even reinforce these biases in its outputs. In the legal context, where fairness and impartiality are critical, AI-generated prejudiced content will likely lead to unfair results or conclusions. Legal professionals should recognize this risk and try to counter these biases by implementing procedures to ensure the datasets used are balanced and fair to decrease risks of skewed outcomes. The way Gen AI systems make decisions can be unclear, making it difficult to understand how they came up with a specific result or recommendation due to a lack of transparency in the responding process. This ambiguity can cause issues in some legal cases, where the logic behind decisions must often be expressed clearly. Law firms should consider adopting Gen AI systems that are effective and understandable and ensure that the reason behind AI-generated content is clear and intelligible. There are different techniques to enhance the explainability of Gen AI-generated content, like using specialized large language models, adopting fine-tuned models with built- in mechanisms for additional checks and balances, or developing Retrieval Augmented Generation (RAG) solutions, which are out of the scope of this article. When Gen AI tools are used in legal decision-making processes, it questions who is accountable for those decisions. Law firms should set up guidelines to ensure transparent responsibility for the results of Gen AI use, ensuring that human supervision is ever-present throughout the implementation and usage processes. A legal expert must be responsible for the outcomes, even if Gen AI tools assist with making choices or exploring options. These issues can be addressed by developing ethical standards or guidelines for Gen AI use, performing regular checks of Gen AI systems to detect bias and errors, and fostering a culture of ethical AI use among professionals. These efforts are critical in ensuring that Gen AI usage in legal settings aligns with the legal profession's core values and moral norms. As Gen AI technology for legal entities and professionals evolves, so does the need for a comprehensive regulatory framework to ensure its ethical and fair application within the legal sector. Regulations, guidelines, and standards for Gen AI's applications in a judicial context are still developing. Regulators and responsible international organizations are trying to set standards that promote creativity while safeguarding individual rights and delivering justice. These standards and guidelines often emphasize data security, privacy, clarity, and responsibility, which are essential factors that affect how Gen AI is used in F E A T U R E S

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