How Canadian Lawyers Can More Safely Use AI

Introduction

The Law Society of Ontario (LSO) has recently released a comprehensive white paper through its Futures Committee, providing guidance for licensees on the use of generative artificial intelligence (AI) in legal practice. This document outlines how the existing rules of professional conduct apply to the adoption of generative AI tools in delivering legal services. Inside the white paper, the LSO has made available additional resources, including a quick-start checklist, best practice tips, and a summary of professional obligations.

This makes Ontario the fifth Canadian law society after Alberta, Manitoba, Saskatchewan and British Columbia to release guidance and white papers on the use of generative AI for their licensees. This growing body of guidance will inform licensees across Canada on how to responsibly implement new technologies, as well as ensuring that their existing practices meet the law societies’ expectations (see Law Society of Ontario publishes guidance for licensees with respect to the use of generative AI).

Understanding Generative AI

Generative AI refers to technology capable of creating new content, i.e. text, by leveraging advanced algorithms. The LSO's white paper outlines various applications for AI within legal practice, including AI-powered asks like conducting legal research, enhancing marketing efforts, editing documents, summarizing information, reviewing documents and drafting documents.

Risks Associated with Legal AI

While generative AI offers significant benefits, including time saving, summary making and data entry, its use introduces several potential risks, says the LSO:

1. Confidentiality Concerns: There's a risk of inadvertently disclosing confidential client information when inputting data into AI systems.
2. Inaccurate Outputs: AI tools may produce erroneous or nonsensical information, sometimes referred to as "hallucinations," which can compromise the quality of legal work.
3. Bias and Fairness: AI models may perpetuate existing biases present in their training data, leading to unfair outcomes.
4. Client Relationship Dynamics: The use of AI might alter the traditional client-lawyer relationship, especially if clients are unaware of its involvement in their case.
5. Unauthorized Legal Advice: There's a possibility that AI tools could provide "legal advice" without proper oversight, which raises ethical and legal concerns. Only use AI for "legal information", like a text book, in this author's view.

Professional Considerations and Best Practices with Legal AI

To mitigate these above-noted risks, the LSO white paper on AI in the legal profession emphasizes adherence to professional conduct rules in several key areas:

• Competence: Lawyers must ensure they are adequately trained and understand the limitations of AI tools they employ.
• Confidentiality: It's crucial to protect client data by ensuring that any information entered into AI systems is secure and that appropriate privacy measures are in place.
• Supervision and Oversight: AI should not replace the professional judgment of the lawyer. Proper oversight is necessary to maintain ethical standards.
• Transparency with Clients: Open communication about the use of AI can help manage client expectations and maintain trust.
• Fair Billing Practices: Lawyers should reflect efficiencies gained through AI in their billing, charging only for the actual time spent on tasks.
• Avoiding Discrimination: Care must be taken to ensure that AI usage does not contribute to discriminatory practices or outcomes

Resources Provided by the LSO

To assist lawyers in navigating these considerations, the LSO has developed three practical resources and included them in its Whitepaper:

1. Generative AI: Quick Start Checklist: On page 21 of the Whitepaper, this guide offers step-by-step instructions for incorporating AI into legal workflows, covering areas like vendor assessment, data security, record-keeping, staff training, and compliance checks. Establishing a comprehensive AI policy is recommended to govern the use of these tools effectively.
2. 8 Best Practice Tips for Using Generative AI: On page 23 of the Whitepaper, tailored for those new to AI technology, this resource highlights essential considerations and directs lawyers to additional LSO materials to support their exploration and adoption of AI tools.
3. Generative AI: Your Professional Obligations: On page 24 of the Whitepaper, this document outlines how to align the use of generative AI with professional responsibilities, addressing obligations related to competence, confidentiality, integrity, supervision, fair billing, and honesty in legal proceedings.

Conclusion

The LSO's guidance serves as a valuable resource for Ontario (and Canadian) legal professionals interested in integrating generative AI into their practice. It promotes the ethical and effective use of AI tools while emphasizing the importance of maintaining professional standards and client trust.

As generative AI continues to evolve, the LSO encourages lawyers to provide feedback on the white paper and share their experiences with the technology. Active engagement in this ongoing dialogue is crucial to ensure that professional standards and guidelines remain relevant and practical, balancing innovation in legal services with the core values of the legal profession.