2 min
The good the bad and the ugly, the first two years of GenAI in the legal industry
AI is deeply embedded in our society. Caroline Korteweg, co-founder of Uncover, shares her insights in her column on both the bright and dark sides of this technology:"Generative AI is neither a salvation nor a curse; it is a tool, a mirror that reflects both the best and worst of our practices."Two years ago, generative AI took the world by storm, revolutionizing countless industries—including the legal sector. In a profession where tradition and precision are paramount, this technology introduced promising innovations but also raised serious concerns. What have we learned from this transformative technology over the past two years?

The Good: Efficiency and Access to Justice

For lawyers drowning in hours of document review or routine contract work, generative AI feels like a breakthrough. It allows them to focus on strategy and advocacy while AI handles the repetitive, administrative tasks. This isn’t just beneficial for large firms but also for non-profits and legal aid organizations.

A Revolution in Legal Aid

Take the Innocence Center, for example. AI enabled them to analyze thousands of pages of evidence in minutes—a task that would typically take days. This freed up valuable time for actual legal advocacy. Meanwhile, Legal Aid, a legal assistance organization, quadrupled its case capacity by automating intake processes and document preparation. In a field where time is critical, AI is not just changing workflows—it’s changing lives.

Faster and Fairer Proceedings

Courts are also benefiting. In Massachusetts, U.S. judges use generative AI to summarize complex cases, helping legal teams navigate intricate disputes. This speeds up case resolution—crucial for individuals facing life-altering situations like evictions. With AI, we’re not just improving efficiency; we’re creating opportunities for vulnerable groups who would otherwise be left behind.

The Bad: Ethical Pitfalls and Oversight Issues

But AI’s promise comes with a warning: without proper oversight, we risk reinforcing existing inequalities and eroding trust.

Privacy Violations

One of the first wake-up calls came when it was revealed that some AI tools failed to adequately protect sensitive data. For example, Microsoft’s Azure Open AI Service disclosed in its fine print that third parties might have access to uploaded information. Incidents like this highlight the urgent need for critical decision-making and robust data security in the legal field.

Bias and Systemic Inequality

AI is only as unbiased as the data it is trained on. When those datasets contain systemic biases—such as historical criminal justice records—AI risks perpetuating discrimination rather than eliminating it. Lawyers must not only be users of technology but also guardians of justice.

The Ugly: Misuse and Missteps

Alongside success stories, there are also failures that expose AI’s darker side. Consider the infamous U.S. case Mata v. Avianca, where lawyers submitted fake legal citations generated by ChatGPT. The consequences? Court sanctions, reputational damage, and growing skepticism about AI’s role in legal practice.

Transparency and Fairness at Stake

A key debate revolves around disclosure: when should lawyers inform courts or opposing parties about AI’s involvement in legal documents? Lack of transparency creates ethical dilemmas and legal grey areas. For instance, are AI-generated prompts and responses considered privileged material? Opinions are divided, highlighting the need for clear guidelines.

The Road Ahead

The rise of generative AI calls for action.

  • We must invest in ongoing training to ensure legal professionals understand both the potential and limitations of AI.
  • Tech companies must be held accountable for transparency and data security.
  • Most importantly, we must embrace AI with humility, recognizing that technology can never replace the human judgment and empathy that define the legal profession.

Generative AI is neither a salvation nor a curse; it is a tool, a mirror that reflects both the best and worst of our practices. How we respond will shape not only the future of our profession but also the broader fight for justice. Let’s make sure that future is one we can be proud of.

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