The Oklahoma Bar Journal September 2024

THE OKLAHOMA BAR JOURNAL 80 | SEPTEMBER 2024 THERE ARE MANY AI TOOLS TO PLAY WITH TO ACQUIRE AI FAMILIARITY The key takeaways from the AI tools presentation by Catherine Sanders Reach, director of the North Carolina Bar Association Center for Practice Management, and Julie Bays centered on the critical importance of hands-on experience with AI tools for lawyers. It was emphasized that to grasp the capabilities and limitations of AI, attorneys need to actively engage with these technologies. Our “learn by doing” approach is crucial as AI rapidly evolves and integrates into various aspects of legal work. To facilitate this, we introduced several user-friendly AI platforms lawyers can easily begin experimenting with, such as ChatGPT, Google Gemini and Claude. We intended to make AI tools more approachable by emphasizing their accessibility, reducing the reluctance lawyers might have toward integrating AI into their work. We also explained the distinctions between AI-augmented search engines and specialized AI instruments to offer lawyers a clearer picture of the array of AI options they can employ in various legal tasks. We also discussed Descript, an AI-powered video editing tool that allows for editing through text transcripts. Clearbrief was highlighted as a powerful subscription tool for strengthening legal writing by finding relevant evidence to support arguments. For content creation, we noted Copy.ai, which can assist with writing blog posts and website copy. Microsoft Designer was presented as a free multimedia graphic design tool that leverages AI to generate and manipulate images. COURTS AND COUNSEL WILL HAVE TO DEAL WITH AI FAKES However, while AI can be a powerful tool for lawyers, it can also pose a serious threat to the integrity of the legal system. AI can create fake documents, pictures and other evidence that can fool courts and counsel alike. As we have seen, AI fakes (aka deepfakes) can manipulate or synthesize digital content to make it look realistic and authentic. Right now, tools to create convincing deepfakes are still emerging. There is no doubt they will become more common and easier to use. Even if your client has no ill intentions, many people routinely edit images to improve appearances or remove distracting background images or people. We recall a certain British royal who created controversy by inexpertly editing a photo of herself and her children. Lawyers will probably want to advise clients who take pictures that might be entered into evidence to never edit them in any way. We will leave it to the litigators to argue about whether and when an “enhanced” photo is admissible. AI MEANS BUSINESS From the OU College of Law, we heard from Kenton Brice, director of the Donald E. Pray Law Library, and Sean Harrington, director of technology and innovation, on the business impacts of AI. Their presentation highlighted the current state and the future of AI in the legal industry, emphasizing several key points. They discussed the integration of AI in major legal research platforms, noting that Lexis+ is set to release a new AI platform by the end of the summer, which will require an additional subscription. Similarly, Westlaw is integrating CoCounsel by Casetext into their platform, enhancing remote task initiation capabilities through apps. They also pointed out the rise of new startups and companies, like vLex Fastcase, which are challenging the traditional dominance of Lexis and Westlaw. They emphasized the significant economic and productivity impacts of generative AI, suggesting it could add between $2.6 trillion to $4.4 trillion annually. AI agents, capable of automating complex legal tasks – such as drafting documents, performing legal research and managing client communications – were highlighted as a major advancement. They also addressed ethical concerns, particularly regarding AI agents pretending to be human to complete tasks. ETHICAL CHALLENGES WITH AI Despite the number of lawyers who have received sanctions associated with improper AI use, AI isn’t particularly ethically challenging if proper care is exercised. ‘Never show anything generated by AI to a client or court without first carefully reviewing it.’

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