AI and the Legal Profession
Transforming the Future of Law
Uwais Iqbal, Josh Kubicki, Sondra Rebenchuk, Cat Casey, Jennifer Leonard, Jackie Schafer, Allison Williams, Nerushka Bowan, Gilad Katzav, Natalie Pierce, Valerie Saintot, Ilona Logvinova, Stephanie Goutos
As AI technologies advance at an unprecedented pace, the book delves into how they are reshaping the practice of law, challenging traditional models, and unlocking new opportunities for legal professionals.
It explores how AI is revolutionising legal decision-making and examines the ethical considerations and challenges surrounding the use of AI, such as biases in algorithms, privacy concerns, and the evolving role of human lawyers in an AI-driven world.
It explores the use of generative AI in legal research, highlighting the efficiencies gained and the potential for enhanced accuracy and speed in legal processes.
Furthermore, the book looks ahead, envisioning the future possibilities of AI in law. It delves into emerging technologies like natural language processing and blockchain, and how they can further transform legal practice, client interactions, and access to justice.
Written by leading experts at the intersection of AI and law, this book serves as a comprehensive guide for legal professionals, technologists, and policymakers, and equips readers with the knowledge and insights needed to navigate the rapidly evolving landscape, embrace AI's potential, and harness its power to shape the future of law.
Table of Contents
|About the authors||xi|
|Chapter 1: An introduction to legal AI||1|
|How to achieve AI?||2|
|Strong and weak AI||3|
|Will AI replace lawyers?||4|
|Beating buzzwords – NLP, Deep Learning, Generative AI, and LLMs||4|
|Generative AI and the legal industry||6|
|AI and electricity – technology, application, use||6|
|Horizontal and vertical AI||8|
|Principles for a legal AI future||9|
|Chapter 2: Foundations of legal AI – evolution or revolution?||13|
|AI – the old and the new||15|
|Legal is a profession – and a business||16|
|Impacting and transforming the practice||18|
|Using your own data with generative AI||22|
|Moving beyond digital to intelligent systems||23|
|Chapter 3: Will AI augment and enhance – or replace?||25|
|The building blocks of legal services||25|
|Evolving legal skill sets||30|
|AI in legal education||32|
|Partnering with other professionals||32|
|Impact of AI on alternative careers in law||33|
|Chapter 4: Becoming Iron Man, Esq||37|
|From Terminator to Iron Man – an evolution||38|
|Human + AI > AI||38|
|Augmented intelligence vs HCAI||39|
|Why does HCAI matter to legal?||41|
|How Gen AI can become your legal J.A.R.V.I.S||41|
|Building your own HCAI Stark Industries||43|
|Embracing your inner Iron Man, Esquire – tips and tricks||46|
|Chapter 5: Generation AI — reimagining BigLaw lawyer formation in an era of unprecedented disruption||49|
|Historical underpinnings – the Cravath / Christopher Columbus Langdell model of lawyer formation||50|
|The value of the current model||52|
|Generative AI changes the nature of the work junior attorneys perform||52|
|Power dynamics within law schools||54|
|The future of lawyer formation – approaches for each stakeholder||56|
|Chapter 6: AI and privacy, data, and copyright||63|
|There is no protection in an idea||65|
|International copyright protection||65|
|Work performed for the State or through use of public funds or publicly funded institutions||66|
|Determining the ownership of copyright in a computer program or AI System||66|
|The relevance of literary and artistic works||69|
|The employment exception||70|
|The challenges surrounding computer-generated works||71|
|The challenges associated with proving originality||75|
|Chapter 7: AI and profitability||79|
|The direct financial impact of AI on legal services||79|
|Extracting key financial impacts from AI integration in legal practice||84|
|From solo practitioners to large legal teams||85|
|Charting a financially rewarding pathway – from seeding ideas to flourishing integration||89|
|Safeguarding profitability in an age of technological evolution||91|
|Chapter 8: Artificial intelligence, legal ethics, and public policy||93|
|Intelligence and ethics – an irreconcilable difference||94|
|Tried and time-tested legal ethics||96|
|AI, legal ethics, and institutionalized public policy||101|
|Chapter 9: Challenges and ethical considerations in the age of Gen AI||107|
|Introduction to ethical challenges||108|
|Evolution of ethical standards for technology in law||108|
|The critical role of technological competence in the practice of law||110|
|Challenges and professional obligations when using Gen AI||110|
|Does lawyers’ use of GenAI inherently lead to “legal dabbling”?||113|
|Leveraging Gen AI irresponsibly creates serious risks||115|
|Best practices for law firms to manage risks relating to Gen AI||117|
|Chapter 10: AI and sustainability for legal professionals||131|
|Starting with why||131|
|Navigating the technological transformation – a roadmap||135|
|Prompts for cultivating an inquiry mindset||140|
|Chapter 11: Responsible generative AI – drawing governance principles and enabling a conversation||149|
|About Globe Law and Business||155|
Nerushka Bowan is the founder of the Law Innovation Technology Tomorrow (LITT) Institute. She creates and teaches exciting and engaging courses on the topics of AI, privacy, innovation, and career mentorship. She is recognized as an international thought leader in emerging technology law and in analyzing the future legal and regulatory issues of emerging tech. She has extensive experience in complex and strategic technology and privacy law matters, including outsourcing transactions and regulatory and compliance issues across various industry sectors. She is an advocate for legal innovation and is involved in the upskilling of lawyers for the future of law.
Cat Casey is chief growth officer at Reveal Brainspace, helping lead innovation for legal technology solutions, and a zealous advocate for AI in legal. She is a thought leader and outspoken advocate of legal professionals embracing technology to deliver better legal outcomes. She has two decades of experience assisting clients with complex eDiscovery and forensic needs that arise from litigation, expansive regulation, and complex contractual relationships. Cat is a published author, keynote speaker, podcaster, and allaround advocate for upskilling legal professionals facing the dawn of an AI renaissance in law.
Stephanie Goutos is a practice innovation attorney at Gunderson Dettmer, where she leads the strategic innovation and knowledge management initiatives for the firm’s employment and labor practice. Stephanie's accolades include successfully defending multi-state class actions and implementing legal tech solutions that have revolutionized firm-wide processes. Her strategic foresight identifies risks and opportunities well ahead of the curve, making her an invaluable asset in dynamic, complex environments. With her background in class action defense, litigation, and employment counseling, Stephanie bridges her traditional legal expertise with an unyielding passion for forward-thinking innovation strategies. In doing so, she offers a uniquely holistic approach to problem-solving, providing exceptional value to stakeholders. She is passionate about spearheading transformative change, achieving tangible outcomes, fostering innovation across organizations, and mentoring women to become more involved in the legal technology industry.
Uwais Iqbal is an AI practitioner with over half a decade's worth of experience designing and building AI systems in the legal sector. He has held roles as a machine learning engineer and a senior NLP data scientist at leading legal tech start-ups as well as a corporate innovation lab. Uwais is currently the founder and CEO of Simplexico, the legal AI consultancy focused on supporting law firms and legal companies on their AI journey, offering services around legal AI education, design, and development. They are on a mission to help legal professionals step into a future of collaboration, not competition, with AI.
Gilad Katzav is a candidate attorney with experience in various practice areas, including technology, privacy, data protection, and consumer law. Gilad has a background in legal research as he was a research associate at the Mandela Institute based within the Wits School of Law. Gilad’s specific research focus is on technology, data protection, and digital constitutionalism. Gilad has appeared in multiple peer-reviewed publications, including an article in the South African Law Journal, South Africa’s oldest and premier academic journal. Gilad assists clients on various technology-based mandates, including a recent research project on artificial intelligence, data protection, and intellectual property in South Africa.
Amy King is an intellectual property, insurance, commercial, construction and engineering litigation, and dispute resolution lawyer at Norton Rose Fulbright South Africa Inc., based in Durban. Amy focuses on intellectual property, insurance, commercial, construction and engineering disputes and advises on the preparation and negotiation of supply agreements for manufacturing clients, as well as assignment and licensing agreements. She has experience in international as well as domestic arbitrations, in relation to disputes arising out of construction projects and supply agreements. Amy also specialises in copyright and has experience in copyright and trademark infringement dispute resolution, in domain name dispute resolution, transactional IP, IP structuring, as well as social media take downs involving IP infringements, including on Facebook, as well as through the Internet Service Providers' Association of South Africa (ISPA). Amy holds a Bachelor of Social Science degree (majoring in Politics and Law) from the University of Cape Town and an LLB degree from the University of KwaZulu-Natal.
Josh Kubicki brings a distinctive, hands-on perspective to the confluence of generative AI and law. With a successful track record of constructing a $20 million legal services business and leading transformative redesigns of multimillion-dollar practice groups, Josh is not merely an academic; he is a seasoned practitioner. As a former chief strategy officer and recognized law professor, he has been lauded by Fast Company and Bloomberg Law for pioneering innovative educational frameworks and establishing a groundbreaking legal business design hub. While many in the field speak from theory, Josh’s insights emanate from direct experience and impactful experiments. Merging business acumen with strategic design and an intimate knowledge of generative AI, he champions not just enhancements, but also radical shifts in legal service delivery, driven by the profound potential of generative AI.
Jennifer Leonard is founder and CEO of Creative Lawyers, a company that helps law firms, corporate legal departments, and law schools adapt to change through strategic consulting, design thinking workshops, and innovation challenges. She previously served as chief innovation officer and executive director of the Future of the Profession Initiative at Penn Carey Law. She practiced law for ten years after graduating Penn Carey Law in 2004 before returning to the law school to build its center on professionalism, which became a nationally-recognized program for law student professional development. She teaches Generative AI in Law Practice, Design Thinking for Lawyers, Law Firm Business Strategy, and Attorney Wellbeing as Ethical Obligation, all at Penn Carey Law. She received Penn’s Beverly Edwards Memorial Award for Excellence in Leadership and is a fellow with the College of Law Practice Management. She hosts several podcasts about the legal profession, including Law 2030 and Fast-Tracked: Emergent Issues in the Profession.
Ilona Logvinova is the global head of innovation at McKinsey & Company, working across the legal department to identify, lead, and implement crosscutting and impactful innovation initiatives. At McKinsey, Ilona is also a senior technology lawyer and team lead within McKinsey Digital, working closely with applications of emerging and cutting-edge technologies across use cases and industries. Prior to joining McKinsey, Ilona was senior counsel at Mastercard, where she worked on ground-up technology builds and tech transactions to leverage the company’s core assets and explore broader partnership opportunities. Prior to Mastercard, Ilona was an associate at Fried Frank, where she specialized in leveraged finance representing borrowers and lenders in secured and unsecured financings. Ilona has a BA from Columbia University with a joint major in Economics and Philosophy and her JD from the Benjamin N. Cardozo School of Law.
Natalie Pierce is a partner at Gunderson Dettmer and chair of the firm’s employment and labor practice. Natalie is a trusted advisor to start-ups and venture capital and growth equity firms on all employment-related matters. She also focuses on the future of work, including counseling on transformative technologies, and is a frequent speaker and contributor on the topic. Natalie hosts Gunderson’s FutureWork Playbook podcast and was selected as a Fast Case 50 Award Winner, one of Daily Journal’s “Top Artificial Intelligence Lawyers” and “Top Labor and Employment Lawyers,” and San Francisco Business Times’ “Bay Area’s Most Influential Women”. She was also a member of the ABA’s Center for Innovation Governing Council, and coauthored “Why Law Firms Must Responsibly Embrace Generative AI”. Natalie earned her BA at UC Berkeley with Honors, and her law degree from Columbia University School of Law, where she was a Harlan Fiske Stone Scholar and recipient of the Emil Schlesinger Labor Law Prize at graduation.
Sondra Rebenchuk is senior innovation counsel and leads the practice innovation team at Blake, Cassels & Graydon LLP. She is responsible for identifying opportunities to improve legal processes internally and implementing and managing legal technology to drive efficiency at the firm. Sondra also works closely with clients to provide legal operations guidance and create new solutions that address novel legal and business needs. Sondra has been actively involved in the legal technology industry, including working as a legal knowledge engineer and then an AI practice consultant at Kira Systems. In her AI practice consultant role, she advised law firms on the integration of machine learning in their practice, with a specific focus on the transactional process. Following her admission to the Ontario Bar in 2012, Sondra practiced at Goodmans LLP in Toronto where she focused on M&A and securities.
DR VALÉRIE M. SAINTOT LL.M.
Dr Valérie M. Saintot LL.M. is a lawyer (since 1994), visiting lecturer at Bucerius Law School (since 2021), and adjunct professor at SKEMA Business School (since 2022). She has worked in the private and EU public sector and has been featured as a legal design thinking pioneer (2022). Valérie is an active member and ambassador for human-centric AI with the Liquid Legal Institute. She recently contributed to the update of the Legal Digitalization Guide. She has authored articles on the visual navigation of the law and legal knowledge visualization. She has extensive experience in legal functions, legal operations, and legal knowledge management. She is also actively promoting the transformation of legal ecosystems to take advantage of (generative) AI and technologies to actively preserve peace and democracy. She promotes mindfulness-based leadership to face with resilience and discernment the many societal transformations under way. She is a passionate international keynote speaker.
Allison Williams is an intellectual property and commercial lawyer at Norton Rose Fulbright South Africa Inc., based in Durban. She has extensive experience in intellectual property law of all kinds and descriptions, including the registration and enforcement of trade marks globally, copyright, passing off and unlawful competition, franchising, domain name dispute resolution, advertising complaints and transactional IP work, such as M&A deals containing IP elements or aspects, due diligences, licensing, assignments and, in particular, IP structuring. She has also had significant experience in social media take downs involving IP infringements, including on Facebook, WhatsApp, LinkedIn, and YouTube, as well as through the Internet Service Providers' Association of South Africa (ISPA). Allison has practised in the field of intellectual property law for 25 years. She has managed the global trademark portfolios for a number of local clients and has filed and enforced trademarks locally for a number of global clients. She is listed as a recommended intellectual property lawyer in the Legal 500 for the years 2015, 2016 and 2017, whilst she was a director of the firm.