Technology is evolving rapidly, and we have had to evolve with it. The days of sitting in a law firm library with a stack of books open to the relevant cases, a stack of Shepard’s pamphlets to update research with, and an afternoon to spend thinking about an issue are long gone. But nostalgia for the past ignores the efficiency and economy that technology has made possible. There are costs and benefits. Indeed, Rule of Professional Conduct 1.1 requires us to be current with technology as a component of competency. See RPC 1.1, Comment 8 (“A lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology … .”). The challenge is to embrace the efficiencies of instant messaging without succumbing to the temptation to become an “instant lawyer!”
In particular, the use of artificial intelligence (AI) presents both peril and promise. By reducing the time-intensive labor inherent in litigation, AI could enable lawyers to handle lawsuits more economically, easing the access to both civil and criminal justice. But there are risks. For example, the algorithms used in AI may include biases that are then amplified, leading to skewed results. Client confidences could be at risk. AI is also subject to mistake and “hallucinations.” We have already seen cases of lawyers submitting briefs citing cases that don’t exist. See, here and here.
