Who Reads the Fine Print Anyway? Considerations for Use of AI in the Legal Practice
In the world of law, where the devil is often found lounging in the details, there's a running joke that only lawyers read the fine print. It's a humorous nod to our professional diligence, emphasizing our role as the guardians of detail in a world eager to gloss over the complexities of terms and conditions. However, as we navigate the burgeoning realm of technological advancements, particularly the integration of artificial intelligence in the workplace, this joke gains a new layer of seriousness. Today, I want to discuss why, in the era of generative AI, reading the fine print is not just a matter of professional diligence—it's a necessity.
Recently, while using Adobe's suite of tools, I encountered an option to leverage an AI assistant for generating key takeaways, drafting summaries, emails, and more. The prospect was enticing—a testament to how far AI has come and its potential to revolutionize how we manage tasks. Yet, as I hovered over the 'accept' button to enable this AI functionality for reviewing a client's contract, a crucial question halted my enthusiasm: What am I agreeing to regarding how Adobe handles the data and confidential information?
In the quest for convenience, the fine print awaited, buried beneath layers of user agreements and terms of service. These documents are notoriously lengthy and filled with legal jargon that even professionals find cumbersome. Yet, within these pages lies crucial information about how our data is used, shared, and protected—or not. For lawyers, understanding these terms is not just about protecting our data; it's about safeguarding our clients' confidential information, a fundamental duty under the rules of professional conduct.
Digging deeper into Adobe's terms, I was reminded of the complexity of these agreements. While I could find plenty about what I agreed to do with the data, uncovering the specifics of Adobe's commitments regarding data handling required more effort. This experience is not unique to Adobe; it's a common challenge when using any AI tool.
The Implications for Legal Practice
As lawyers, our responsibility extends beyond the mere use of innovative tools; it encompasses a thorough understanding of how these tools interact with the data we entrust to them. Different companies have varied policies for using data to train their models. While some may offer robust security features and data protection guarantees, the nuances of these features and how to effectively activate them are critical. Without this knowledge, we risk inadvertently mishandling client data, breaching our ethical obligations, and compromising our clients' trust.
The Cautionary Tale of Samsung and the Implications for Legal Professionals
The allure of AI tools, while captivating, carries with it a significant responsibility, especially for legal professionals entrusted with safeguarding confidential information. This responsibility is underscored by events last year involving some of the world's leading corporations, including Samsung Electronics.
In 2023, Samsung banned the use of ChatGPT and other AI-powered chatbots by its employees, after an engineer's accidental leak of sensitive internal source code via ChatGPT. This incident revealed a critical vulnerability: data shared with AI chatbots could be stored on servers owned by companies operating these services, such as OpenAI, Microsoft, and Google, without a straightforward way to access or delete this information. Samsung's concern, that sensitive data could inadvertently be served to other users, is a stark reminder of the potential consequences of mishandling proprietary information.
This situation is not unique to Samsung. Giants like Amazon and JPMorgan Chase have also imposed restrictions on the use of AI tools among their staff, following discoveries that these platforms could potentially expose confidential company data. These developments highlight a growing apprehension within the business community about the risks associated with AI chatbots and their capacity to handle sensitive information securely.
For legal professionals, the Samsung scenario serves as a potent illustration of the risks involved in utilizing AI tools without fully understanding or controlling how these platforms manage and protect data. As we marvel at the efficiency and capabilities of AI, it's crucial to remember that these tools are not without their pitfalls. The inadvertent exposure of client data could have devastating consequences, not only for client trust but also for the integrity of the legal process.
The Path Forward
The allure of AI in legal practice is undeniable, offering unprecedented opportunities for efficiency and insight that have the potential to transform how we approach our traditional tasks. However, as stewards of our clients' most sensitive information, we are tasked with approaching these tools with heightened caution and vigilance.
Incorporating AI technology into our workflows requires a balanced understanding of both the opportunities and the risks involved. This balance begins with a commitment to due diligence and a proactive approach to safeguarding against potential breaches of confidentiality. To navigate this landscape effectively, legal professionals should adopt the following strategies:
Understand the Terms: Dedicate time to thoroughly read and comprehend the service agreements of AI tools, with a particular focus on policies regarding data use, storage, and protection. This foundational step ensures that you are fully aware of how your data—and by extension, your client's data—is handled.
Evaluate Security Features: Actively identify and assess the security measures implemented by AI platforms. Understanding these features allows you to optimize the protection of sensitive information within your practice.
Conduct Thorough Vetting: Beyond understanding terms and evaluating security, conduct a comprehensive vetting of the AI tool's data handling and privacy policies. Ensure there are robust mechanisms in place to safeguard sensitive information, reflecting a commitment to maintaining the confidentiality of client data.
Apply Strict Usage Policies: Establish and enforce clear guidelines regarding what information can be shared with AI tools and under what circumstances. Reflect on the implications of inputting confidential data into these platforms and adjust your practices accordingly.
Consult IT Professionals: When in doubt, or when the technical details surpass legal expertise, seek the advice of IT and cybersecurity experts. Their insights can help ensure that the integration of AI tools does not compromise the integrity of client data.
Stay Informed and Adapt: The landscape of AI technology and data protection laws is constantly evolving. Staying informed about these changes, along with the best practices and legal requirements that govern them, is critical. Be prepared to adapt your practices in response to new risks, technologies, and regulations.
Leverage AI with Caution: Use AI tools to augment, not replace, traditional legal processes, especially in matters involving sensitive or confidential information. Always verify AI-generated information for its accuracy and reliability to ensure it meets the rigorous standards of legal practice.
By embracing AI tools with an informed and cautious strategy, we can harness their potential to enhance our practice while steadfastly upholding our ethical obligations to protect client confidentiality. This ensures that our fascination with technology serves to augment our profession, rather than compromise the core values that define it.
Conclusion
The question, "Who reads the fine print anyway?" serves as a poignant reminder of our responsibility in a digital age driven by artificial intelligence. As the guardians of our clients’ data, we must remain vigilant, ensuring that our enthusiasm for innovation does not outpace our commitment to confidentiality and ethics. Let's embrace the future of work with the same diligence that has defined our profession, reading the fine print not because we're the butt of a joke, but because it's fundamental to our role as lawyers in the age of AI.
Ready to navigate the complexities of AI in legal practice while safeguarding your data with diligence? Contact Wagner Legal PC today. Our experienced team is here to provide expert guidance and ensure your legal needs are met with integrity and precision. Let us help you embrace the future of law while protecting what matters most. Reach out now to schedule a consultation.
