AI

How AI can affect the Practice of Law

AI and Chat GPT are all the rage right now. It is all the kids are talking about. So I figured, why not write an article exploring how AI technology could potentially be used in the practice of law. After all, the goal of my practice is to help as many clients as possible and provide the best immigration solutions. While my focus is on Immigration Law, I used to practice in other areas as well such as criminal defense, intellectual property, and sports and entertainment law. Therefore I can offer some insight into those practice areas as well and how AI could make things more efficient.  

As we all know, there are only so many hours in the day and time stops for no one. We as attorneys often get very busy, especially during certain times of the year (H-1B season for example) and other pressing and often unforeseen immigration matters. Occasionally we get so swamped we have to turn away clients. We also don’t want to make promises (in terms of a timeline) that we can only fulfill under ideal circumstances.    

  1. Could using AI make my work faster?  Certainly.   
  2. Could using AI allow me to charge my clients less?  Yes.  
  3. Ethically, should you charge your clients less if you use AI?  Potentially.  
  4. Would AI allow me to serve more clients?  Probably.  
  5. Would my clients get the same level of workmanship and quality with AI?  Unlikely.   

Then how is using AI worth it? We really don’t have those answers yet. This is such an emerging technology. A few years ago I wrote an article on International Entrepreneur Parole. At that time it was a brand new program and there was very little information or evidence out there on whether or not IEP was useful. I haven’t really gotten around to exploring AI technology much less using it for my legal practice for many reasons. I prefer to practice credibility and reliability by making sure I handle my legal cases with my own personal judgment and legal application.

Despite the fact that AI is transforming the practice of law in many positive ways, there are also some controversies associated with its use. Some concerns revolve around the topics of privacy, bias, accountability, and ethical issues. There is always the concern of our privacy being compromised when we hand over our information to technology. For AI to be effective, a lot of data is needed. Particularly in situations where private legal information is being exchanged and processed- this presents privacy concerns since it impacts our rights and sense of security. 

When it comes to something that requires human perception, artificial intelligence can be deemed to be a biased tool to use, especially in the field of law practice. The quality of AI depends on the data being input into the system into which it is being taught. The AI used will be biased if the data is skewed. Legal professionals are concerned about this because biased AI might provide discriminatory results. Lawyers have to rely on our intuition, our instinct, our experience, and sometimes our gut feeling. AI will not be able to take advantage of any of that accrued expertise.

There is also the question of who holds the accountability when AI makes legal recommendations or comments. AI can make judgments without consultation from another human, which makes it challenging to hold someone responsible if something goes wrong. This is a problem in the legal profession because decisions made under legal provisions have serious repercussions.

In terms of ethics, the use of AI can pose ethical issues, most especially in the legal profession. The application of AI in the legal profession poses moral dilemmas regarding the obligations of attorneys and their duty to their clients. There are questions over whether attorneys can rely on AI to make crucial legal decisions and whether AI can be held to the same ethical standards as human attorneys. Can we really trust an AI application to make ethical decisions on our behalf?

Only 10% of lawyers think that generative artificial intelligence tools, such as ChatGPT, will have a “transformative impact” on the practice of law, and 60% of lawyers have “no plans to use [the technology] at this time,” according to the results of a LexisNexis survey.

(https://www.abajournal.com/web/article/survey-finds-majority-of-lawyers-have-no-immediate-plans-to-use-generative-ai)

These controversies suggest that the use of AI in law practice must be carefully regulated and monitored to ensure that it is used in a way that is fair, transparent, and accountable. If we’re not cautious, then the use of AI can pose threats to legal cases that require sensitive and careful discernment.

I used Chat GPT to write this paragraph:

AI (Artificial Intelligence) is increasingly being used in law practices to improve the efficiency, accuracy, and speed of legal services.  AI technology has the potential to significantly improve the efficiency and effectiveness of legal services. However, it is important for lawyers to remain involved in the process and use their professional judgment to ensure that the technology is used appropriately and ethically.  The use of AI in law practices can have a significant impact on efficiency. Here are some of the effects of using AI in improving efficiency:  time savings, improved accuracy, increased productivity, cost savings, and improved client services.

Overall, the use of AI in law practices can have a significant impact on efficiency, resulting in time savings, improved accuracy, increased productivity, cost savings, and improved client service. However, it is important for law firms to carefully consider the ethical implications of using AI and ensure that it is used appropriately and responsibly.


About Author:

Attorney Seth FinbergU.S. Immigration Attorney Seth Finberg is a 2005 graduate of the University of Georgia School of Law. Seth is a member of the Georgia Bar, the American Immigration Lawyers Association (AILA), and serves on the Business and Investment Committee for the South Florida chapter of AILA. Mr. Finberg is the owner and founder of South Florida based Finberg Firm PLLC and he represents clients nationwide and internationally in business, employment, and investment immigration. He can be reached by phone at (954)-843-3568 / (954) 249-6603 or by email at seth@finbergfirm.com or www.finbergfirm.com.

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