California Lawyers Association
Attention Attorneys: Just Breathe… When it Comes to AI
October 2024
“The Landscape of Artificial Intelligence in the Legal Profession,” was a featured presentation at CLA’s Annual Meeting and Leadership Conference on Saturday, September 7th. Speaking to hundreds of CLA members, an esteemed panel of lawyers, judges, and consultants shared their thoughts on the fundamental concepts of AI, the most recent advances in the technology, and how machines which “think like humans” impact the legal profession.
The session was lively and inciteful. Shay Cleary, Managing Director of Court Consulting Services for the National Center for State Courts began the discussion with an explanation about the evolving functions which enable computers.
“When AI and technology work together, it really is magic,” Cleary exclaimed before warning, “but it is also impacting justice.” He focused on the amount of change which has occurred over the past 10 years in the legal system and noted that California has always been ahead of other states in its delivery of services. “Tech has really changed how these services are being delivered,” he said asking the audience to consider their use of AI in their daily lives.
Announcing the release of CLA’s paper about AI and its application to the law, California Lawyers Foundation (CLF) President, Jeremy M. Evans, shared information about taking the professional rules of conduct and integrating them with technology. He provided background about the CLA volunteer team writing the paper, describing how they took a hard look at what other states were doing in order to consider best practices going forward as they related to ethical and moral questions involving the use of AI in the legal profession. Evans reminded participants that we use AI everyday whether we think about it or not.
The key themes of the educational session were to understand: privacy and confidentiality requirements; the obligation for human review; and, the rules to ensure transparency and disclosure are met when using AI.
“Remember, human beings are smart,” Evans said.
Furthering the discussion, Program Director for the State Bar of California’s Office of Professional Confidence, Erika Doherty emphasized that there are many schools of thought regarding AI. Some worry about “deep fake” concerns, while others believe AI is simply amazing. “You need to evaluate and understand the product you’re using and what you are using it for,” she cautioned. “I’m not here to scare lawyers. Just be aware. Have a baseline understanding of what AI is and how it impacts you.”
The Honorable Scott Schlegel, Division F, for the Louisiana Fifth Circuit Court of Appeal told participants, “Breathe. It’s going to be okay.” He shared his first memories when learning about “the cloud,” something we now take for granted. He gave concise points regarding the use of paid software and technology as a protection, rather than trusting anything offered free of charge.
“Lawyers absolutely should be using AI, because it’s their job to do the best they can for their clients,” Judge Schlegel said. “As long as they know how to use AI and when to use AI.”
Judge Schlegel admitted that he wasn’t certain judges should be engaging with AI. “I’m not an advocate for turning over judicial processes to a ‘bot’.” He went on to say that he felt AI did a pretty good job at giving facts, but that it remains critical for legal professionals appointed to their positions to give opinions “in our own voice.”
CLA members attending the presentation nodded their heads in agreement with the presenters. A reminder that AI will continue to evolve and with it, the law.
CLA President, Betty Williams, advised later that attorneys cannot simply stick their heads in the sand to avoid learning about AI because one requirement of attorneys in California is to have a certain level of understanding about technology, including AI.