Issues with artificial intelligence in law firms

NH Enterprise: Distinctive & novel points with artificial intelligence arriving on the doorsteps of NH & NE law firms. What are they?

BUSINESS. I’M FRED KOCHER. ARTIFICIAL INTELLIGENCE IS RAISING UNIQUE AND NOVEL LEGAL QUESTIONS FOR BUSINESSES OF ALL SIZES, AND BUSINESSES ARE ARRIVING ON THE DOORSTEPS OF LAW FIRMS FOR ADVICE. THE ISSUES ARE MANY, BUT ARE OFTEN ABOUT THE USE OF DATA IN AI. HOW THE LAW APPLIES TO AN AI PARAGRAPH OF TEXT, OR TO AN AI COMPUTER GENERATED IMAGE. HERE’S A QUOTE FROM MY GUEST IN NEW HAMPSHIRE AND NEW HAMPSHIRE LAW FIRM, WHERE HE DOES HIS BUSINESS. A QUOTE AI ALREADY ANIMATES OR SOON WILL BE INTEGRAL TO MOST SYSTEMS WE USE AT WORK EVERY DAY, SUCH AS EMAIL, VIDEOCONFERENCING, NOTE TAKING, DOCUMENT CREATION, DATA SUMMARIZATION, AND ANALYSIS, FILE MANAGEMENT, ACCOUNTING, MARKETING, PERSONNEL MANAGEMENT, ETC., ETC. GENERATIVE ARTIFICIAL INTELLIGENCE IS STILL UNFOLDING. STORY IN THE LEGAL INDUSTRY, THERE’S NO GUIDEBOOK TO TELL AN ATTORNEY HOW BEST TO DO THIS, BECAUSE THE TECHNOLOGICAL ENVIRONMENT IS CHANGING TOO RAPIDLY. WITH ME IS THE ATTORNEY IS AN AN ATTORNEY WHOSE PRACTICE IS ARTIFICIAL INTELLIGENCE, WITH CLIENTS FACING AI ISSUES. ATTORNEY JOHN WEAVER, CHAIR OF THE ARTIFICIAL INTELLIGENCE PRACTICE AT THE MCLANE MIDDLETON LAW FIRM IN MANCHESTER, CONCORD, PORTSMOUTH, BOSTON AND WOBURN. WELCOME, JOHN. NICE TO HAVE YOU HERE. THANKS SO MUCH, FRED. I APPRECIATE IT. WHAT SPECIFIC ARTIFICIAL INTELLIGENCE ISSUES ARE COMING TO YOU AND YOUR LAW FIRM RIGHT NOW? SO WE SEE CLIENTS THAT ARE INTERESTED IN ADOPTING AI APPLICATIONS. THEY WANT TO KNOW HOW TO INCORPORATE THOSE INTO THEIR BUSINESS OPERATIONS. AND THEN WHAT THAT MEANS FOR THE PERSONAL INFORMATION THEY COLLECT FROM PEOPLE AND ALSO THEIR OWN COMPANY DATA. WE ALSO SEE DEVELOPERS, STARTUPS THAT ARE COMING TO US. THEY HAVE NEW AI APPLICATIONS THAT THEY’VE CREATED. THEY WANT TO KNOW HOW TO PROTECT THEIR INTELLECTUAL PROPERTY. THEY ALSO WANT TO KNOW, WELL, HOW CAN WE MAKE ASSURANCES TO OUR CUSTOMERS AND USERS THAT OUR AI IS SAFE? WHAT DO YOU TELL THEM? ONE OF THE THINGS THAT I EMPHASIZE, I THINK THAT EVERYBODY IN THIS SPACE EMPHASIZES IS TRANSPARENCY. EXPLAIN VERY CLEARLY TO CLIENTS AND ALSO TO END USERS THAT PEOPLE, INDIVIDUALS THAT USE IT, WHAT THE AI DOES, WHAT INFORMATION IT GETS. YOU DON’T WANT TO BE IN A SITUATION WHERE YOU’VE SAID ONE THING, BUT WHAT YOUR TECHNOLOGY IS DOING IS ENTIRELY DIFFERENT. YEAH, A GRAPHIC WE PUT UP ON THE SCREEN SAYS THERE’S NO GUIDEBOOK THAT TELLS AN ATTORNEY HOW TO BEST DEAL WITH AI AND WITH YOUR CLIENT, BUT YOUR GUIDEBOOK, OF COURSE, IS THE LAW. SO THE LAW GIVEN AI’S NOVEL AND EXTENSIVE IMPACT ON INFORMATION AND JUST PRACTICES AND SYSTEMS AND SO FORTH, HOW DO YOU BRING THE TWO TOGETHER? SO IT’S TRUE THAT THERE AREN’T A LOT OF SPECIFIC LAWS AND REGULATIONS TARGETED DIRECTLY AT AI, BUT I HEAR THIS EXPRESSION, IT’S THE WILD WEST OUT THERE TO DESCRIBE AI REGULATION, AI LAWS, AND THAT THAT’S REALLY JUST NOT THE CASE. JUST BECAUSE YOU PUT ARTIFICIAL INTELLIGENCE IN FRONT OF A TOPIC, DOESN’T MEAN THAT IT’S SUDDENLY IMMUNE FROM THE LAWS OF MAN. THERE ARE BROAD GENERAL LAWS THAT ARE MEANT TO GOVERN BROADLY, AND THEY INCLUDE AI. AND TWO GOOD EXAMPLES ARE STATE CONSUMER PROTECTION LAWS AND THE FEDERAL TRADE COMMISSION ACT. ALL OF WHICH ARE INTENDED TO PROTECT AGAINST UNFAIR AND DECEPTIVE TRADE PRACTICES. SO FOR EXAMPLE, IF YOUR AI DOESN’T DO WHAT YOU SAY IT DOES, THERE COULD BE A CLAIM BY GOVERNMENT AGENCIES THAT YOU HAVE VIOLATED THOSE LAWS. GOOD POINT, GOOD POINT. YOU HAVE YOU AND YOUR FIRM HAVE SET UP FUNDAMENTALS FOR THE BUSINESS USE OF AI. LET’S GO TO THAT GRAPHIC DATA INTEGRITY TRANSPARENCY. AS YOU JUST SAID, HUMAN CONTROL TESTING AND AUDITING, CYBERSECURITY AND PRIVACY. IT’S INTERESTING THAT HUMAN CONTROL IS STILL IMPORTANT. JOHN. SO THIS IS ONE OF THE WAYS IN WHICH WE ADVISE CLIENTS THAT THEY CAN REASSURE USERS AND THEIR CUSTOMERS THAT THEIR AI IS RELIABLE AND ISN’T GOING TO CAUSE PROBLEMS. IF THERE IS SOMEBODY, A HUMAN BEING, THAT END USERS, INDIVIDUALS ARE ABLE TO APPROACH AND SAY, HEY, WHAT’S YOUR AI DID ISN’T QUITE WHAT I HAD IN MIND. OR THE DECISION THE AI MADE NEGATIVELY AFFECTED ME AND THERE’S A HUMAN BEING THAT THEY CAN TAKE THAT COMPLAINT TO THAT BUILDS A LOT TOWARD, THAT DOES A LOT TOWARD BUILDING TRUST IN THE AI PRODUCT ITSELF. TRUST AND AI, VERY IMPORTANT RIGHT NOW, BECAUSE A LOT OF PEOPLE DON’T HAVE TRUST GUARDRAILS. AI NEEDS GUARDRAILS. YOU KNOW THAT PROBABLY AS WELL AS ANYBODY. VERY TRUE. THE CONGRESS HAS NOT PUT ANY ON YET, BUT THEY’RE NEEDED, RIGHT? I AGREE WITH THAT ENTIRELY. I AM OPTIMISTIC THAT THERE WILL BE FORMAL GUARDRAILS COMING IN THE FORM OF LAW OR REGULATION, EITHER FROM CONGRESS OR STATE LEGISLATURES. IN THE MEANTIME, WE ADVISE COMPANIES THAT THEY CAN PUT IN AI POLICIES THAT GOVERN HOW THEIR EMPLOYEES AND ALSO GIVE GUIDANCE TO THEIR USERS ON HOW TO USE AI AND THE GUARDRAILS THAT THOSE TYPES OF POLICIES PUT IN PLACE ARE VERY, VERY IMPORTANT. HERE’S A FINAL THOUGHT. A QUOTE, A GPT MODEL CANNOT REASON AS HUMAN BEINGS DO, AND IT’S KNOWLEDGE. IT’S KNOWLEDGE ABOUT A TOPIC IS ENTIRELY OWED TO THE DATA THAT IT’S BEEN GIVEN. AND WITH THAT THOUGHT, THANK YOU TO JOHN WEAVER, WHO IS CHAIR OF THE ARTIFICIAL INTELLIGENCE PRACTICE AT MCLEAN MIDDLETON LAW FIRM, FOR THIS BRIEFING ON THE NOVEL LEGAL ISSUES INVOLVED WITH AI. THANK YOU. FRED. IF YOU MISSED PART OF THIS BRIEFING

NH Enterprise: Distinctive & novel points with artificial intelligence arriving on the doorsteps of NH & NE law firms. What are they?

John Weaver, Chair of Artificial Intelligence Follow at McLane Middleton, joins Fred Kocher to debate the distinctive and novel problems with artificial intelligence coming to NH and NE law firms.

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