P2P

Fall25-2

Peer to Peer: ILTA's Quarterly Magazine

Issue link: https://epubs.iltanet.org/i/1540097

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44 Lawyers who better understand AI will feel more confident using generated or automated responses, leading to more efficient, effective, and accurate legal work. This confidence is crucial for integrating AI tools effectively into daily practice, as it encourages greater adoption and maximizes the benefits of these technologies, ultimately leading to improved client outcomes and reduced risk. THE ETHICAL IMPERATIVE FOR AI EDUCATION While keeping up with (or getting ahead of) your competition is probably enough of a reason to convince lawyers to learn about AI technologies, there is also an ethical requirement. Comment 8 to Model Rule 1.1 of the American Bar Association's Model Rules of Professional Conduct (https://www.americanbar.org/groups/ professional_responsibility/publications/model_ rules_of_professional_conduct/rule_1_1_competence/ comment_on_rule_1_1/) states that lawyers "should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology." This duty of technology competency means that lawyers cannot entirely delegate their understanding of AI to their team, IT, or vendors. Lawyers are wholly responsible for the work they submit to courts. If they, or any member of their team, including non-lawyers, use AI, the resulting work must be reviewed and approved by them. That is easy to say, but putting it into practice is more nuanced. AI technology is evolving rapidly, making continued education essential for lawyers reviewing AI-generated or AI-assisted work products. Without up-to-date knowledge of how AI works and is being used, they may not understand where to look for errors, and red flags will not be as obvious. For example, reliance on unchecked AI output can lead to inaccurate legal research, faulty document drafting, or even the presentation of fabricated case citations, all of which can result in poor client outcomes—or worse— damage to professional reputation and potential ethical violations. Teams must understand this and leverage AI as a companion or a second set of eyes when creating work products. Reviewing and verifying results and outputs is essential, along with understanding how the AI you are using works and what materials it sources for its answers. HOW AL FLUENCY HELPS LEGAL PROFESSIONALS MEET CLIENT EXPECTATIONS The recent Norton Rose Fulbright Litigation Trends Survey reveals that nearly three-quarters of respondents support the use of generative AI by outside counsel to assist their company's litigation work (https://www. nortonrosefulbright.com/-/media/files/nrf/nrfweb/ knowledge-pdfs/norton-rose-fulbright---2025-annual- litigation-trends-survey.pdf). Lawyers can also present the idea that they are delivering higher-value services through the use of GenAI without incurring additional billing hours. Robert Couture, a Senior Research Fellow at the Center on the Legal Profession at Harvard Law School, conducted qualitative interviews with chief operating officers and partners responsible for AI deployment from 10 Am Law 100 firms. He quoted one law firm leader as saying: "AI may cause the '80/20 inversion'; 80% of time was spent collecting information, and 20% was strategic analysis

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