AI and the Legal Profession, Second Edition

• Executive summary vii About the authors xiii Chapter 1: Artificial intelligence, authentic practice: the uneasy partnership reshaping legal services 1By Colin Levy, general counsel, MalbekThe intersection of human judgment and AI capabilities 2Governance frameworks centered on human judgment 4Developing judgment skills for AI-augmented practice 9Professional standards for human–AI collaboration 14Conclusion: A balanced vision for human–AI legal practice 18 Chapter 2: The law, genAI, and us: a journey into the future of legal thinking 23By Dr Valérie M. SaintotHow genAI is changing our thinking 24A proposal to reclaim and train the legal mind 28A genAI prompting accountability checklist 35Conclusion 37 Chapter 3: Challenges and ethical considerations in the age of generative AI 39By Natalie Pierce, partner and chair of the Employment & Labor Group, and Stephanie Goutos, head of employment law practice innovation, Gunderson DettmerIntroduction to ethical challenges 39Challenges and professional obligations when using genAI 42Failing to leverage genAI responsibly may create serious risks 45Best practices for lawyers to manage risks relating to genAI 48Conclusion 52 Chapter 4: The data drain: navigating copyright challenges in the era of AI 63By Joanne Brook, consultant solicitor (intellectual property and technology law), Lionshead LawAI training data: who owns the engine, and who owns the oil? 63Claiming back copyright 65AI copyright for a bicentennial brain 68Does AI need an “Asenion Law”? 69Information wants to be shared 70But is it art? 72Same old new law 73 Chapter 5: The legal technology playbook: a step-by-step guide to implementing legal technology 79By Justin Turman, founder, Automate Office WorkPhase 1: Needs assessment, process mapping, and goal-setting – a strategic approach 80Phase 2: Build vs buy analysis and vendor selection choosing the right path 83Phase 3: Pilot program or proof of concept – testing before scaling 85Phase 4: Planning, customization, and integration crafting a cohesive solution 88Phase 5: Training and change management – cultivating confidence and adaptability 90Phase 6: Implementation and rollout – executing with precision 92Phase 7: Monitoring, feedback, and continuous improvement sustaining success 95Phase 8: Planning for updates, enhancements, and scalability – future-proofing your legal tech 97Phase 9: Evangelizing success and expanding use – igniting a culture of innovation 99Phase 10: Evaluation and future planning – reflecting to propel forward 101Conclusion: Embracing the future of legal practice 103Chapter 6: Managing expectations: practical steps to achieve successful AI implementation 107By Mark Gediman, senior research analyst, Alston & Bird AI cannot replace good old-fashioned legal research… yet 109Determining the best AI tool(s) 110Conclusion 114 Chapter 7: The global impact of the European Union’sAI Act on the legal profession 117By Itsiq Benizri, counsel, WilmerHaleEssentials of the AI Act for the legal profession 117Impact on non-EU laws 122Impact on compliance requirements for legal professionals 124Conclusion 132 Chapter 8: Navigating regulatory frameworks: building ethical and compliant AI in the legal sector 139By Harry Borovick, general counsel, LuminanceWhat is ethical AI? 139What is legally compliant AI? 141Regulatory frameworks governing AI in legal practice 142Key compliance considerations for legal AI 144Strategies for ensuring AI compliance in the legal sector 147Bringing it all together 151 Chapter 9: AI in the legal arena: navigating ethics, confidentiality, and professional responsibility 155By Erick Robinson, partner, Brown Rudnick LLPAI in the legal profession: navigating confidentiality and privacy concerns 155Client consent and governance 160Ongoing security measures 160The reality of AI 161The future of AI in legal practice: balancing innovation with ethics 171Chapter 10: The human side of legal AI: leadership and value creation in in-house teams 175By Rasmus Kirkeby Salling, head of transition, new markets, and Peter Kaas, head of digital legal and compliance, FalckLeadership considerations 175Capturing value 177Measuring value 183Setting the team 188Conclusion 192 Chapter 11: Building AI-ready legal teams: strategies for hiring and integrating external talent 195By Matthew Dunne, senior innovation and data science manager, Katten Muchin Rosenman LLPStrategy 195Hiring for AI-ready legal teams 198What’s next? 206Conclusion 208 Chapter 12: Tech and law: how research prototyping drives genAI adoption in legal practice 211By Dr Megan Ma, founding executive director, Legal Innovation through Frontier Technology Lab (liftlab), Stanford Law SchoolSetting the stage 212Prototyping with purpose: building fast and thinking slow 213Testing and evaluating prototypes 216Future directions 217Concluding remarks 218 About Globe Law and Business 221

The book makes clear that how a person uses AI is as important as the AI’s capabilities