P2P

Fall24

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1527706

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9 I L T A N E T . O R G FEATURES barrier to integrating and including voices new to the legal sector is the judiciary community's mixed messages about these technologies. While some courts have demonstrated an open- mindedness toward leveraging AI-driven tools for tasks like predictive analytics and legal research, others remain skeptical or outright opposed to its integration into legal processes. The unprecedented speed of advancements in GAI technologies and its rapid adoption by the general public has further complicated an already murky topic within the legal and judiciary sectors. In 2023, Chief Justice John G. Roberts Jr. highlighted both the potential benefits and dangers of AI in his end-of-year report. However, in 2024, U.S. Circuit Judge John Nalbandian argued that bans on lawyers using AI/GAI programs like ChatGPT to conduct research were "misplaced" efforts that would prohibit potentially beneficial uses of the technology by litigants with limited means. On the one hand, the voices advocating for technology integration to advance the practice of law point to the already existing due diligence and professional, ethical standards in place to prevent misuse. Because AI/ GAI is not a replacement for legal training and experience, these voices advocated that lawyers already must remember their ethical obligations and responsibilities to clients. The courts require them to review any work product from AI/ GAI for completeness and accuracy. On July 29, 2024, the American Bar Association (ABA) issued Formal Opinion 512 on the use of GAI. The ABA reaffirmed the key ethical obligations of lawyers, including "competency, informed consent, confidentiality, and fees," emphasizing that attorneys must remain diligent in adhering to the Rules of Professional Conduct as technology continues to evolve. On the other hand, there are the voices that echo the words of Chief Justice Roberts, "caution and humility" towards AI/GAI. AI/ GAI-powered tools raise concerns about privacy, security, and confidentiality. These concerns include using deepfakes and voice cloning, disclosure requirements in court, and regulatory filings. Especially from an LLM structure, there is a strong potential for social and cultural bias in

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