Get A Grip: Focusing On Risks Instead Of Benefits Is Making AI Way Too Hard - Above the Law

"Ethics and Benefits Let's talk about the notion of benefits. Comment 8 to Model Rule 1.1, is the oft cited source when people preach about risks and technology. But in doing so, they ignore the additional requirement: To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study."

"Comment 8 has been adopted in most states and even where it hasn't been, there seems to be little question that competency these days requires the consideration and use of technology. And to be competent can't mean wringing our hands over the risks of technology and concluding it shouldn't be used. Understanding benefits and taking advantage of them is an ethical requirement."

"And the word benefits means the positive capabilities of technologies like AI to improve the practice. Things like using technology to do things to efficiently and save costs, using things like AI to enhance client service, using things like data analytics for better insights and outcomes, predicting case outcomes and judicial tendencies, better use of technology in the courtroom to achieve better outcomes for clients, preventative lawyering. I could go on and on."

Comment 8 to Model Rule 1.1 requires lawyers to keep abreast of changes in law and practice, including both benefits and risks of relevant technology. The word "benefits" appears first, creating an ethical duty to understand and leverage positive technological capabilities. Competency now requires consideration and use of technology rather than avoidance due to risks. Benefits include efficiency, cost savings, enhanced client service, data analytics for insights, predicting case outcomes and judicial tendencies, improved courtroom technology, and preventative lawyering. Legal technology events often overemphasize risks, causing the obligation to use technology's advantages to be overlooked.

Read at Above the Law