Artificial intelligence holds the promise of improving various industries through smart automation and advanced information processing. The legal sector itself is already reaping the benefits of AI-powered tools, helping professionals manage traditionally tedious administrative tasks such as reviewing and drafting legal documents, refining transcriptions, and conducting general research.
However, even as technologies continue to evolve, the opportunities they bring come with a host of legal issues with AI. Law firms and practitioners need to be proactive in addressing these challenges to ensure the ethical and effective use of AI.
7 Common Legal Issues with AI & Solutions to Mitigate Them
Integrating AI into legal practices offers tremendous benefits, but it also presents risks and challenges that can potentially cause significant damage to a law firm’s reputation. Below are some of the most common legal issues with artificial intelligence, along with actionable steps to manage and resolve them.
1. Data Privacy and Breach of Confidentiality
Many AI users are unaware that information fed into AI systems is not private but typically stored for further training. This makes AI tools susceptible to inadvertently leaking sensitive client data, which can render your law firm vulnerable to data security issues and potential breaches of confidentiality. For example, feeding AI with sensitive client information to help you draft legal documents can expose this data, compromising client confidentiality and potentially leading to severe legal repercussions.
Organizations that rely heavily on AI for internal processes also face data security risks, including unauthorized access, data leaks, and cyberattacks. These growing concerns have prompted responses from various institutions worldwide. In the United States, while there is no federal law specifically regulating AI, the Federal Trade Commission (FTC) resorted to using its existing consumer protection authority to flag any questionable AI-related business tactics. The European Union’s General Data Protection Regulation (GDPR) is also being cited to control AI models that process personal data, even if the law itself doesn’t explicitly mention AI.
As a precaution, refrain from inputting sensitive client or case information into your AI system. If you require AI assistance for document writing, anonymize the data whenever possible and ensure that the data shared with AI systems is limited to non-confidential information.
If AI has been integrated into your internal processes, encrypt client data to protect it from unauthorized access and breaches. Implement strict access controls and user authentication to safeguard any sensitive information. It’s also advisable to only select AI tools with proven robust privacy measures and regularly update your systems. Additionally, maintain your clients’ trust and avoid potential AI legal issues by being transparent about how their data is used and protected.
2. Validation and Authentication of AI-Modified Evidence
Legal proceedings are now faced with unique challenges concerning AI-fabricated evidence. Without proper safeguards, there is a risk that such evidence may be tampered with or, worse, falsified unknowingly, which can lead to serious questions about its validity during litigation.
If you are presenting digital evidence, document the chain of custody meticulously to ensure that evidence remains unaltered and authentic. Verify the integrity of digital evidence through cryptographic hashing and secure storage methods. If possible, work closely with technical experts to prove that the digital evidence is not altered by AI. If it were generated using AI, make sure that it is factual, corroborated by other tangible evidence, and meets the required legal standards.
3. AI Bias
Despite the sophistication of AI systems, they are not immune to inaccuracies and biases. In fact, AI bias or algorithm bias is a significant risk that comes with adopting AI. Since its recent boom, there have been numerous reports of AI presenting faulty or skewed results, which experts credit to training data that reinforces human biases or underrepresents certain demographics.
For law firms, this can potentially lead to flawed legal advice and outcomes, particularly if you use AI in decision-making processes or for generating legal documents. To avoid this problem, implement regular audits that review and test your AI systems for potential biases and inaccuracies. Human oversight remains critical to make sure your AI outputs are reliable and fair. You can also work with technical teams to check whether your AI models are trained on diversely representative datasets. Aside from this, look into regularly updating the AI models you use to reflect current legal standards and practices.
4. Intellectual Property
Using AI to generate content, code, images, or other materials can raise serious issues with intellectual property (IP). AI typically derives its outputs from proprietary or copyrighted sources found on the internet, making it prone to committing plagiarism or copyright infringement. This makes determining ownership and rights to AI-generated works a challenge.
Law firms must strictly adhere to IP laws, so be especially mindful of releasing AI-generated materials and treat these cases with care. A human review is essential in detecting potential breaches and making necessary revisions to improve the quality of outputs and make them compliant with IP laws. Also, consider clearly defining ownership and usage terms in AI-related contracts you work on.
5. Liability and Accountability
AI’s ability to process information and make decisions or recommendations raises critical questions about liability. If AI-generated actions or decisions result in harm, determining responsibility becomes a complex legal issue. The challenge lies in identifying who bears the fault—whether it is the developer, the user, or the AI system itself—when AI systems produce inaccurate or harmful outcomes.
With no established centralized liability and accountability protocols for AI systems to date, law firms can set internal terms to be communicated to stakeholders. Legal agreements should explicitly define the responsibilities of each party involved in the development, deployment, and use of AI systems. If your AI use is extensive, regular risk assessments and legal reviews can also help identify potential liability issues before they escalate.
6. Ethical and Regulatory Concerns
The rapid growth of AI has unfortunately outpaced the development of comprehensive regulations and ethical guidelines. To date, there are still emerging ethical and regulatory concerns surrounding its use and the implications of AI-generated materials.
Legal professionals must remain at the forefront of these developments, staying informed about regulatory changes impacting AI and advising organizations that utilize AI technologies. This responsibility includes actively participating in industry discussions on AI ethics and implementing best practices for responsible AI use.
7. Contractual Terms and Risk Management
When engaging specialists for AI solutions, it is crucial to ensure that contractual terms address liability for potential IP infringements, data privacy breaches, and confidentiality breaches. Law firms should include clear clauses in their contracts that outline the responsibilities of each party involved in the development, deployment, and use of AI systems. This includes specifying who is liable in case of errors, data breaches, or other adverse outcomes.
To effectively mitigate these risks, contracts should define liability, include indemnification clauses to protect against potential losses, and mandate regular audits and compliance checks. Developing comprehensive risk management plans that detail how to handle potential issues before they arise is also essential. These plans should ensure prompt and effective responses to mitigate damage. By taking these steps, law firms can better manage the risks associated with AI and ensure that their use of AI technology aligns with legal, ethical, and professional standards.
Choose TimeSolv for Secure & Effective Law Firm Management
By leveraging AI responsibly and strategically, law firms can modernize their practice through automation and drive better outcomes. However, even with its significant potential for enhancing legal practices, the risks and legal issues with AI should not be overlooked. Law firms and legal professionals must remain cautious when incorporating AI into internal workflows to avoid compromising client trust and tainting their reputation.
As a safer alternative, TimeSolv offers law firms the tools they need without the risks tied to more popular AI systems. With our secure, cloud-based document management, TimeSolv allows you to store and conveniently file client and case documents while ensuring sensitive data remains protected. You also have the option to automate custom template creation to streamline your drafting processes.
The platform is designed specifically for law firms, so you no longer need to invest in a tailored AI solution when TimeSolv has you covered. Explore these additional features:
- All-in-One Payment Processing: Optimize your cash flow with TimeSolv’s robust payment tracking and comprehensive invoice creation features. Confidently store client payment information and process payments for hundreds of invoices with a single click using TimeSolvPay, our in-app payment solution.
- Project Management: Set milestones, monitor budgets, and track time spent on tasks—all within a single platform. TimeSolv offers project management and time tracking solutions fit for the needs of legal experts.
- Seamless CRM Integration: Leverage our third-party integration with Law Ruler, the #1 Customer Relationship Management (CRM), client intake, and marketing automation software technology solution for law firms.
Experience Unmatched Efficiency Without the Potential Risks That AI Systems Bring
