AI’s Growing Controversy At The Heart Of Professional Life
Gabriela Alexandru is a solicitor in the Corporate Team at Whitehead Monckton, with a strong interest in how technology shapes society, the interplay between law and culture, and how the legal profession ought to support the community it serves.
She discusses how the increasingly contentious topic of AI use hasn’t just impacted most areas of professional life, but has made a home in its heart.
We can’t disregard the attractions of AI, particularly within a legal profession deeply affected by overwork, burnout, and ever-increasing administration to stay within regulatory guidelines. AI is ‘reshaping the future of legal practice’, and its impact is clear – so why wouldn’t anyone frustrated by the law’s archaic ways take advantage of any help they can get?
What do we mean by AI?
When we refer to AI, we usually mean large language models (LLMs); but AI encompasses products from auto-suggest completing an email to programmes used by scientists to assist their research, to LLMs that can summarise, generate and predict content. To say that all AI is ‘bad’ would be as shortsighted as unquestioningly embracing it.
Why AI isn’t a substitute for experienced lawyers
The legal profession, like all specialised practices, demands years of training and experience for a reason. People rarely like lawyers, but they do trust the advice we give, because it’s based on an established system, human connection and a wealth of individual and team experience.
General-use AI cannot be fit for purpose within the scope of any professional work by definition, because it is trained on the entirety of the internet’s available information – both correct and dangerously false – and the providers do not have to adhere to the same standards expected of most professionals. Specifically-trained AI has bridged that gap for many areas of business, but the very need for purpose-built AI highlights the value of human input when you are seeking important advice, have a problem or need to make a decision which could impact your future.
AI can process information much faster than humans, but it does not (and cannot) reason, assign value or make nuanced decisions. You may have heard of AI deleting a firm’s entire database or innumerable cases of AI hallucinations including in court, but it is important to understand that, despite the unwelcome outcomes, the AI was acting according to its programming.
AI can only do what you ask of it, and even then, only within pre-existing architectural limitations. It can provide the appearance of professional knowledge and confident expertise, creating the risk that anyone who doesn’t know the area extremely well could believe it, but lacks the substance to back it up.
The Law Society has warned against blind reliance on AI and the SRA has issued guidance on using AI. Undoubtedly, other regulators have or will follow.
The value of human legal expertise
This is where humans come in. As any experienced professional will tell you, an expert in their field is someone who not only has knowledge but can apply it in practice. Realistically, some level of AI use is unavoidable in today’s world, but by treating it as one tool of many, we protect not only ourselves but our clients. Even the least personable professional can be better equipped to determine whether their client understands the options available to them, assess at-risk clients and their particular needs, and adapt their advice or services in line with the inevitable changes that occur during the life of a project.
Not least, people usually know when AI imitates compassion and understanding. We are a social species, already disconnected from each other by the nature of today’s world. The human touch is the only reliable way to build any relationship worth having between us, our colleagues and our clients.
To paraphrase Thomson Reuters, GenAI issues are pervasive, but better lawyering is the cure – and that applies to your area of expertise as well. Whatever service we provide, our clients deserve the effort it takes to properly consider their own unique situation and work with them to provide for their needs.
Whitehead Monckton’s Corporate Team takes pride in offering a comprehensive range of city-grade legal advice, combined with a dedication to finding practical solutions specific to each client’s needs, and a focus on results without compromising values.
For tailored support with your new venture or high-stakes transaction, contact our very human team.