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Article written by Alia Hussain
In recent times it has been impossible to ignore the rapid rise of artificial intelligence (AI). With the widespread popularity of ChatGPT as well as the generation of art, video and even voice, there are many advantages as well as risks. There is a lingering fear regarding the use of AI pertaining to the risk of data and confidentiality breaches as well as misuse of its capabilities. The question we must ask ourselves is how will AI be integrated into the legal field and will it create more issues than it resolves?
We must begin at the academic level first. The complexity of AI and the ethical issues that arise from it must be brought to the attention of students as a key module. They must also be taught about how AI can be used in the setting of a law firm. In March 2024, the European Parliament adopted the Artificial Intelligence Act detailing the ‘rules on general-purpose AI systems that need to comply with transparency requirements’. This law must become key knowledge for students, especially since it will most likely be updated regularly due to the rapid pace that AI is developing. It will also put students who are interested in technology and commercial law in a better position to advise commercial clients on the potential advantages and risks that it poses to their businesses.
Leading on from this, law firms may also have to incorporate training to prevent unwanted incidents. Lawyers have mistakenly cited fictional cases, unintentionally misleading the court. AI is already used to draft contracts and various other legal documents which require legal professionals who have been trained to acknowledge the current shortcomings of AI, and also act in accordance with the Artificial Intelligence Act. Commercial clients require the reassurance that they are receiving accurate and up to date advice on how they can use AI to run their business without breaking the law.
Cyber security and data protection are also essential and should be incorporated into training within law firms. Hackers are prevalent and systems can become compromised if the person handling them is unaware of identifying fraudulent links and correspondence. Lawyers must advise clients on how AI poses a threat to confidential data as it currently thrives on the use of data it finds on the internet. It is crucial that clients assess the content that they wish to publish as it could cause irreversible damage to their business and reputation. It is paramount to avoid the possibility of another ‘Post Office Incident’, also called ‘The Post Office Horizon scandal’, where over 900 sub postmasters were erroneously charged with theft as a result of inaccurate data provided by a computer system named Horizon, as it can have a profound impact on people’s lives.
AI is only becoming more prevalent and will ultimately become a normal part of the way businesses operate in the same way that computers were first introduced into the workplace. With adequate training and awareness of the risks, we can mitigate the potential harm that can be caused by AI, and instead utilise its immense capabilities to enhance law firms and exceed their client’s expectations.