P2P

Fall24

Peer to Peer: ILTA's Quarterly Magazine

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

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10 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 | F A L L 2 0 2 4 coding as discussed in the previous article of this series - The Algorithmic Divide: Understanding Coded Bias and its Consequences for DEI. The debate between those who advocate for adopting AI/GAI tools to advance legal practice and those who oppose integrating AI/GAI-powered technology into the legal sector based on the potentiality of misuse and bias must be allowed to continue as a catalyst for change. Cultural Resistance and Lack of Awareness Another barrier that challenges integrating tools powered by technologies like AI, GAI, and LLMs into daily legal workflows is rooted in the legal sector's preference for established practices and traditional norms. While many of these long-standing practices are necessary for effective industry regulation, the perspective that established traditions are more valuable than new adaptations of processes and procedures can foster resistance against the insight offered by new voices and methodologies that challenge the status quo. Many legal professionals still need to be convinced that deviating from conventional approaches could benefit their firms or the industry. Instead, they favor seasoned attorneys' legal judgment and experience over what is often identified as novel techniques. There are also concerns that an overreliance on new methods could undermine the mentorship and training of junior legal professionals, disrupting the traditional apprenticeship model that has long been a hallmark of the profession. Conventional law firms may hesitate to embrace innovative approaches that deviate from their tried-and-true methods, fearing potential risks or disruptions to their established business models and hierarchies. From a business operational perspective, legal technology has ethical and financial impacts. Financial constraints can pose a significant barrier to embracing new voices and methodologies. Adopting cutting-edge technologies or implementing innovative processes requires a substantial investment that smaller firms and solo practitioners may need help to afford. Firms must also consider changes in billing models. One of legal tech's primary goals is to improve efficiency. Implementation of advanced legal tech tools has the potential to drastically reduce the number of hours spent on a specific task. It is the firm's ethical obligation to change the billing accordingly. Introducing legal technology into daily workflow processes can create unprecedented challenges, such as balancing the moral values of operational efficiency and profitability of firms' business operations. Hence, this resistance can manifest in various forms, from skepticism towards the efficacy of new methodologies to concerns over the potential erosion of established power structures and dynamics. Overcoming this cultural resistance requires a delicate balance. One must respect the profession's rich heritage and foster openness towards new approaches and expertise from technologists new to the legal sector. Achieving this requires a concerted effort from various stakeholders to nurture and engage in open dialogues, promote education and awareness, and collaborate with regulatory bodies and judicial authorities to pave the way for a more inclusive and innovative future. While embracing change is always challenging for communities who deeply value preserving professional precedent, in this case, including technological advancements can bring improved efficiency, better client outcomes, and a more equitable legal system that will make the effort to change worthwhile. Ways Legal Professionals Can Embrace New Voices and Foster DEI The evolving legal tech landscape presents a unique window to embed DEI considerations from the outset, ensuring that technological advancements are effective, equitable, and inclusive. Encouraging and valuing diverse perspectives—ways of viewing situations and problem-solving—is crucial to successfully integrating new technologists into the legal sector. Legal professionals and new technologists should remain aware that while the legal industry values tradition over rapid change, technology sectors tend to value change, or innovation, over standard ways of operating. Given the innovative nature of digital transformation, diverse perspectives are indispensable to meeting the needs of a diverse end-user audience. These diverse perspectives will, in many instances, come from people with backgrounds that have not traditionally been represented in the legal profession. This diversity of thought must be included in the criteria for crafting a framework for integrating legal technology into everyday work. Embracing all forms of diversity—beyond

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