The Rising Need for Legal Practice Competence in the Age of AI
April 5, 2025, 9:15 am CDT
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As the landscape of legal practice evolves, so too does the necessity for lawyers to enhance their technological capabilities. The introduction of generative artificial intelligence (AI) poses both opportunities and challenges, demanding a reevaluation of how attorneys engage with these tools. This shift is particularly highlighted by recent discussions at the ABA Techshow held in Chicago, where experts underscored the importance of understanding the ethical implications of using such advanced technologies.
Understanding the New Landscape
In the past, the use of technology in legal practice was largely limited to basic tasks like grammar checking and document automation. However, generative AI has transformed this notion by providing lawyers with resources that may produce plausible yet potentially inaccurate information. Ivy B. Grey, Chief Strategy and Growth Officer at WordRake, emphasized at the Techshow, “If you’re thinking that your experience from earlier tools will transfer, you are going to be sorely mistaken.” Therefore, the ethical and competent use of these technological advancements has become paramount.
The American Bar Association underscores this by noting in Model Rule 1.1 that attorneys have a responsibility to remain competent, which now includes being informed about technological advances and their associated risks. Kenton Brice, Director of the Law Library and Associate Professor at the University of Oklahoma College of Law, remarked on the continual need for legal professionals to evaluate new tools critically before their application: “We need to proactively evaluate these tools and how they work before you use them.”
Progressing Through Competence Levels
The journey to competency with new technology is not a straight path. Brice articulates that individuals start with “unconscious incompetency,” or a lack of awareness about their knowledge gaps. Upon gaining some training, they typically become “consciously incompetent”—aware of what they do not know. To achieve true competence, he urges, “Don’t stay there. Level up.” This progression toward conscious competence aligns closely with the ethical requirements laid out in ABA’s Formal Opinion 512, which focuses on generative AI’s ethical usage.
Steps to Gain Competence
To navigate this evolving landscape, Grey proposed a structured approach for lawyers:
- Stay Informed: Monitor advancements in technology closely, ensuring that attorneys are aware of significant changes.
- Evaluate Risks and Rewards: Understand how specific AI tools relate to particular legal practices, such as e-discovery for litigators.
- Skillful Application: Define clear objectives when using AI tools to ensure that the chosen technology meets the task requirements.
- Client Transparency: Engage openly with clients regarding AI usage, securing their consent before implementing new methods.
- Critical Analysis: Apply professional judgment actively, verifying AI-generated content and consulting secondary sources for accuracy.
Grey suggests a methodical workflow, advocating for a ‘sandwich’ style where human oversight is present at both the beginning and the end of the AI utilization process, while AI handles the intermediate tasks. This ensures that the final product reflects the lawyer’s insights and comprehensive understanding.
Navigating Challenges With AI
While the integration of generative AI can seem daunting due to its potential pitfalls, legal professionals should not shy away from embracing technology’s power. The balance between leveraging AI for efficiency and maintaining ethical standards is critical as the legal field adapts to these changes.
In conclusion, as generative AI advances, its responsible implementation becomes essential for legal practitioners aiming to enhance their skills and maintain client trust. Emphasizing continual learning and ethical considerations will enable lawyers to thrive in this new era of legal practice.
