In the modern legal industry, attorneys face an endless stream of new technologies to advance their practice. A seminar hosted by the New Jersey State Bar Association explored the cutting–edge technology shaping the legal world – including artificial intelligence and digital messaging tools – along with their benefits and risks. The program, presented as part of the NJSBA’s Summer Conference, featured a panel of esteemed judges and industry experts who are well-versed in technology and its practical and ethical effects on the practice of law. Speakers included retired federal judge Ronald J. Hedges, U.S. District Court Judge Julien X. Neals, Columbia University Professor Cristina Dolan and Naju R. Lathia, co-chair of Day Pitney LLP's data privacy, protection and litigation group. Here are some key points from the seminar. Visit njsba.com to view the full NJICLE calendar.
Public AI platforms can carry ethical risks
When using AI platforms, be wary of which are public and private. Public products like OpenAI and Gemini scrub the internet for information and pull from wide data sets, some of which may be inaccurate. It is up to the user to fact-check the information provided and exercise good judgment when applying it to a case. Law firms also risk giving out confidential information through the program, leading some law firms to rely on private AI platforms that create their own in-house data.
Collaborative and ephemeral messaging tools and spoliation
Platforms like Microsoft Teams, WhatsApp and Snapchat delete messages and information after a certain amount of time. The programs can run counter to an attorney’s obligation to preserve evidence and discovery. Attorneys and clients who purposefully use these channels to erase the record could also face negative charges in litigation.
Best practices for staying tech savvy
The use of AI and other technology is here to stay in the practice of law, and will require attorneys to develop some proficiency. To stay up to date, legal practitioners are encouraged to engage with NJSBA CLE courses that introduce attorneys to new developments in technology and associated legal implications, attend courses offered by legal research platforms on new developments and stay apprised of their organization’s policies and the services their organization works with.