19AUGUST 2024potential to greatly reduce document review fees, which have already been reduced with the introduction of TAR 1.0 and, subsequently, continuous active learning. By providing the document requests to the review platform, it can suggest (and rank) the likelihood of any given document in the review corpus to be responsive or not. Of course, human validation of the AI's suggested responsiveness will be necessary, but the technology will further facilitate the review process and likely further decrease the cost of review. There are similar parallels to the use of generative AI in contract review, further supplementing existing extractive AI tools to enhance due diligence analysis in M&A deals.Investigations: Similar to E-discovery document review, generative AI has the potential to improve the investigative review process. By identifying the tone or topics in communications, discussions regarding the activity concerned can be flagged for further querying and summarization by generative AI tools. As a result, the investigative process is shortened by faster access to information. Generative AI tools are also able to connect information from disparate sources...think of tracing financial transactions. Once again, generative AI presents efficiencies, allowing for faster analysis and conclusion to an investigation. Data Privacy and Data Breach Response: Yet another application uses large language models (LLM), of which ChatGPT is one, in data privacy and data breach review. The LLMs can be used to identify PII and PHI more accurately than regex searches allow. You can more quickly build a data breach response plan by linking potential PHI and PII to other information in documents. In a world where it is often necessary to respond rapidly to data breach notification requirements in various states and countries, this application of the technology is quite valuable. Using this technology to flag such content for remediation before a breach may have an immeasurable return on investment for vulnerable companies.Fact Discovery: Another area ripe for generative AI adoption is the discovery process. Imagine being able to query witness testimony to compile a summary of a particular issue in litigation. Or use it to draft witness interviews or deposition questions or prepare timelines of events in litigation. Compilation of this sort of information often takes many paralegal or attorney hours to review deposition transcripts or documents to prepare. With Generative AI, the preparation can be completed more quickly, resulting in lower client costs. Platforms such as Co-Counsel, HarveyAi, and e-discovery provider Reveal already provide such tools that enable this sort of investigation into documents and contracts.Re-imagining Legal Service Delivery: Finally, this new revolution of AI technology presents the opportunity to re-imagine legal service delivery, much like other industries that are likely reimaging the delivery of services relevant to them.New Opportunities for Legal Roles and Revenue Generation: Advising clients on the implementation and use of generative AI presents a new way to advise clients while creating new revenue. Developing expertise in this area may be a career path some attorneys want to consider. Likewise, as this new technology is adopted, new career paths are possible: data analysts, prompt engineering trainers, and knowledge management attorneys who help train custom models for use by their firm or legal department. I am sure I am only touching the tip of the iceberg on possible new careers!Billing for legal services: For many years, there has been discussion in the legal industry regarding the death of the billable hour. It has yet to happen. However, with Generative AI possibly greatly reducing the amount of time an attorney needs to generate work product, now may be the time we begin to see the transition to more value-based billing. Only time will tell, of course, but generative AI seems to be a likely disruptor of legal service billing.Lawyer Training: Last but not least is the impact on lawyer training. Lawyers will need to learn new ways to prepare content, new ways to query and conduct legal research, and new ways to work. Skills may focus more on critical analysis and quality control of computer-generated first drafts. Greater efficiencies in preparing work products may result in a need to further perfect business development skills to supplement reduced billable hours. Lawyers will need to adapt and evolve with the changes generative AI will bring to the legal industry...and to the industries of the clients they represent.As you can see, I believe generative AI can disrupt the legal industry. And, as the legal industry has, over many years of technological evolution, it will again adapt, improving how legal work is performed and delivered. One might say these are exciting times...I do think so! With Generative AI, the preparation can be completed more quickly, resulting in lower client costs
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