I recently wrote an article on Getting Started with GenAI in Legal Practice for the December issue of Wisconsin Lawyer that I wanted to share. It examines how attorneys can approach generative AI tools thoughtfully and ethically in their practice.
The ABA’s recent opinion on Generative Artificial Intelligence Tools makes clear that “even in the absence of an expectation for lawyers to use GAI tools as a matter of course, lawyers should become aware of the GAI tools relevant to their work so that they can make an informed decision, as a matter of professional judgment, whether to avail themselves of these tools or to conduct their work by other means.” (emphasis added).
Is it malpractice for attorneys not to use AI? There is limited guidance on this, but probably not yet. However, that may soon change. According to Matthew Beier, senior VP at Wisconsin Lawyers Mutual Insurance Company, “because of client demand, efficiency, and inevitability, the duty of care owed by lawyers to clients is likely to require that lawyers use generative AI, rather than steering clear of it or burying their heads in the sand and avoiding it altogether.” See more in his November Wisconsin Lawyer article and CLE on YouTube.
So, whether or not you ultimately decide to use it, it’s important for all attorneys to educate themselves about generative AI. And the best way to do that is to dig in and try it, starting with low-stakes tasks and then gradually expanding to more complex applications.
In writing this article, I intended to create a practical guide to help attorneys who haven’t yet explored these tools get started. The article walks through different types of GenAI tools, explaining the key differences between general-purpose LLMs like ChatGPT and legal-specific tools like Lexis+ AI and CoCounsel that tap into established legal research platforms. I outline important first steps like reviewing applicable policies and privacy considerations. As I note in the article, while the rapid evolution of generative AI may feel overwhelming, taking these steps will help you harness its potential while upholding your professional obligations and protecting client interests.