AI in Litigation: What to Know and How to Talk About It

Ep. 24: AI in Litigation: What to Know and How to Talk About It

The term AI receives a full spectrum of responses in the legal world. From excitement to fear, attorneys and their clients are navigating how AI will affect their service, and, for some, suspicious that it will enhance it. On Outside-IN, National Director of Training Jeff Grogan joins us to explain AI, sharing its current use in litigation and where it's headed. We discuss past feared technologies that have earned a trusted place in the EDRM process and tackle what everyone is talking about– generative AI. 

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    • Attorneys' Reaction to AI: Generally, there's distrust and skepticism among attorneys towards AI, stemming from fears of job loss, inaccuracy, and potential legal sanctions.
    • Evolution of AI in the Legal Industry: AI has been present in the legal industry for decades, evolving from predictive coding (TAR 1) to more advanced iterations (TAR 2). However, there's still a lack of trust in AI's capabilities and outcomes.
    • Generative AI: Misconceptions around AI and what LLMs like ChatGPT are doing in the legal world. 
    • Client Education on AI: With common misconceptions that AI can automate tasks like document review, educating clients about AI's realistic capabilities and limitations is essential. AI is a tool to aid human judgment, not replace it.
    • Concerns about AI: Issues like bias in AI algorithms and datasets and the potential for misuse (e.g., generating false legal citations) are major concerns.
    • AI's Role in Creativity and Research: AI is being explored for creative tasks like marketing and research but with caution due to potential inaccuracies.
    • Future of AI in the Legal Industry: AI continues to evolve and become more integrated into legal workflows, especially in data culling and search. However, there's an emphasis on AI augmenting human capabilities, not replacing them.

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