Maintaining control: Top Strategies for law firms using AI

Plaintiff firms put themselves on the line every day for clients, often risking financial ruin more than they'd like to admit. With a contingency fee model, many firms are determined to put the client's needs first, even when it comes to funding a case out of pocket.
So, efficiency is of the utmost importance (without sacrificing quality of course) and that often involves the use of technology. Today, artificial intelligence (AI) is the latest form of technology firms are trying to work into their business models. The promise of AI and the reality of it can be two different things. The law firms that can leverage AI successfully to elevate service to clients will emerge as the leaders in the profession, but integrating AI into processes and practices presents both risks and opportunities, especially as its capabilities evolve and authorities provide guidance on its use.
AI can't and will never replace having an all-star team of attorneys and staff. But it can allow great firms to handle a higher volume of cases by eliminating tasks that we might deem "busy work." However, while AI is the newest buzzword, it has been around for many years. Any law firm website with a "chatbot" has already been using AI. When someone uses Microsoft Word with predictive text, that's also AI. The fear that AI will replace people is often unfounded because many fail to see that AI has already been a part of law firms for over a decade.
That being said, AI's latest breakthroughs do have the potential to revolutionize various aspects of legal practice, from legal research to client intake, allowing attorneys and staff to focus more on the substantive aspects of the law, client advocacy, and achieving favorable outcomes.

LEGAL RESEARCH AND ANALYSIS

AI-powered tools can significantly expedite legal research and analysis by quickly sifting through vast amounts of legal texts, case law, statutes, and regulations. Advanced algorithms can identify relevant precedents and provide comprehensive legal insights in a fraction of the time it would take a human. This not only accelerates the research process but also ensures that attorneys are equipped with the most up-to-date and relevant information to support their arguments and strategies. The Los Angeles Super Court is the busiest court system in the nation, and with the constant changes to legal precedent, it's important to have tools that allow us to stay up to date with the latest information and research. AI can effectively do that, so attorneys can stay ahead of the curve.
ClearBrief AI is a tool attorneys can use when drafting opposition. You can take a motion or brief from opposing counsel, drop it into ClearBrief's AI to fact check and it will show the issues that are incorrect and why. Other programs such as Casetext and Blue J L&E are available to help firms with their motion practice. Casetext can assist with case law research, including statutes and regulations.

DOCUMENT REVIEW AND DISCOVERY

In personal injury cases, the discovery process often involves reviewing extensive amounts of documents. AI can streamline this by using natural language processing (NLP) to categorize, tag, and highlight pertinent information. Machine learning algorithms can identify patterns and anomalies that might be missed during manual review. This efficiency not only reduces the time and cost associated with discovery but also enhances the accuracy of document review, ensuring that no critical piece of evidence is overlooked. Lowering cost is important to any firm's bottom line, but quality AI programs do that more important job of helping provide clients an even higher level of service when it comes to discovery.
There are different AI options for "doc review" including CoCounsel, which was designed by Casetext. CoCounsel does document review, deposition preparation, contract analysis, and timeline creation. EvenUp was built to specifically help with medical records, as was PareIT. Diligen helps make the document review process more efficient by using its AI software to conduct due diligence to review contracts for specific clauses, provisions, or changes and quickly output a convenient summary. There are also other programs such as Sonix andWisedocs. The key is to find the programs that work for your firm, that fit your model and that are easiest to integrate into your operations.

CONTRACT REVIEW AND MANAGEMENT

AI tools can automate the review and management of contracts, identifying key clauses, terms, and potential issues. This is particularly useful in personal injury cases where settlement agreements and other legal documents require meticulous scrutiny. By automating these tasks, we can ensure accuracy and compliance while freeing up our legal staff to focus on more complex and strategic aspects of case management. And, attorneys and paralegals can still do the final review, but letting AI handle the first round or two saves time and energy.

PRACTICE MANAGEMENT AND WORKFLOW AUTOMATION

AI can optimize practice management by automating workflow processes, such as task assignment, deadline tracking, and document management. This ensures that cases progress smoothly and that no critical tasks are overlooked. Workflow automation also facilitates better coordination among team members, improving overall productivity and enabling us to handle a larger caseload without compromising quality.

LITIGATION SUPPORT AND CASE PREPARATION

There are AI programs that can assist in various aspects of litigation support, including evidence organization, witness preparation, and trial strategy development. Tools that analyze case data can help identify strengths and weaknesses in our arguments, allowing us to refine our approach and improve our chances of success in court.

COMPLIANCE AND REGULATORY MONITORING

Staying abreast of changes in laws and regulations is crucial in any personal injury practice. AI can continuously monitor legal developments and ensure that the firm remains compliant with all relevant regulations. This proactive approach reduces the risk of compliance-related issues and allows us to adapt quickly to new legal standards.

CLIENT INTAKE AND MATTER ASSESSMENT

AI can streamline the client intake process by assessing the details of potential cases and determining their viability. By analyzing information provided by prospective clients, AI can prioritize cases based on their potential for success and alignment with our firm's expertise. This ensures that we take on cases with the highest likelihood of favorable outcomes, optimizing our resources and efforts.

CONTINUING LEGAL EDUCATION AND KNOWLEDGE MANAGEMENT

AI can facilitate continuous legal education and knowledge management by curating relevant legal updates, case studies, and industry insights. This helps our attorneys stay informed about the latest developments in personal injury law and maintain their professional competence.

CASE PREDICTION AND OUTCOME ANALYSIS

Predictive analytics powered by AI can provide valuable insights into the likely outcomes of cases based on historical data. By analyzing past case results, settlement amounts, and court decisions, AI can offer probability assessments for various litigation scenarios. This enables our firm to provide clients with more informed advice and develop strategies that are more likely to yield favorable outcomes. For example, firms that practice insurance bad faith law would benefit from an AI software that could analyze quickly how a particular insurance company handles matters in a given venue. If a firm knew an insurance company was more likely to give a beneficial outcome in a particular venue, a firm could research and see if it was possible to file a case in that venue.

VIRTUAL ASSISTANTS AND CHATBOTS

AI-driven virtual assistants and chatbots can handle routine inquiries, appointment scheduling, and initial client intake processes. This not only improves client service by providing immediate responses, but also allows our staff to devote more time to substantive legal work. These virtual assistants can also gather preliminary information from potential clients, helping us assess the viability of cases more efficiently.

CYBERSECURITY AND DATA PROTECTION

Given the sensitive nature of client information, robust cybersecurity measures are essential. AI can enhance our cybersecurity protocols by detecting and responding to threats in real-time. Machine learning algorithms can identify unusual activities and potential breaches, ensuring that client data remains secure and confidential.

BAR ASSOCIATION GUIDELINES

In November 2023, the California State Bar issued Practical Guidance for the Use of Generative Artificial Intelligence in Legal Practice. The Bar noted that the publication serves as advisory principles rather than definitive best practices, since the landscape continues to expand and programs such as GenAI, are being adopted. Generative artificial intelligence, or GenAI, is artificial intelligence capable of generating text, images, videos, or other data using generative models, often in response to prompts.
The Bar stressed that GenAI usage must align with a lawyer's ethical obligations. Lawyers are advised to carefully weigh variables such as the nature of the client and legal issue, the area of focus, the size of the firm, and the characteristics of the GenAI tools, which vary from free and widely accessible to specialized, proprietary solutions.
The Bar noted several areas to consider. Two of the most important include:

DUTY OF CONFIDENTIALITY

The Bar notes that GenAI platforms may "lack reasonable or adequate security." Harkening back to pragmatism, uploading or inputting confidential client information into GenAI platforms is a terrible idea and could put your firm on the defense end of a legal malpractice suit.
Furthermore, review the "Terms of Use." Firms are comprised of lawyers trained to read the very document that non-lawyers often overlook - and other information to determine how inputted information is used. And, keeping in mind the "deep learning" subset of AI, ensure that the platform does not use the information for its own use, such as to train or improve its own product. [Bus. & Prof. Code, § 6068, subd. €, Rule 1.6, Rule 1.8.2]

DUTIES OF COMPETENCE AND DILIGENCE

Lawyers have a duty to competently use technology, "including the associated benefits and risks," and to "apply diligence and prudence with respect to facts and law." It is not enough for an attorney to simply detect and eliminate false AI-generated results. Attorneys must engage in the "active practice of law and application of trained judgment." The main takeaway from this section is that competency counts. Senior partners should already be leading by example in this regard and need to expand their scope to include AI use. [Rule 1.1, 1.3]
Incorporating AI into law firm's operations offers a transformative opportunity to enhance efficiency, improve client service, and expand our capacity to represent more individuals in need of legal assistance. By leveraging AI for administrative tasks and legal support, our attorneys and staff can focus on what they do best: practicing law, serving clients, and achieving outstanding results.
So, what we are saying is that GenAI is here and lawyers, both at firms and in-house, must face that. This technological wave has permanently changed us and will compel law firms to undertake tasks they've never had to consider. Fundamentally, we must rethink the way we work as lawyers. The biggest hurdle that law firms face is the cultural one. We don't like change, especially a lot of change that comes quickly. Law firms need to win the modernization battle. Firms that can win that battle will thrive. The right culture promotes flexibility, nimbleness, curiosity, and creativity, always balanced against ethical obligations and protection of client information. The winning firms will have a discipline in evaluating and selecting the right technology on a timely basis. Project management must be a priority and data-driven decisions, including billing, will be a must. These are not the strengths of today's law firms. It is a heavy lift. The billable hour may still be our friend but one we don't see quite as often. That's okay. Make new friends of value-based billing and flexibility.
Danny Abir is managing partner at Abir, Cohen, Treyzon & Salo LLP.