On a recent conference call, an attendee spontaneously shared praise for the efforts of the Texas bar regarding Artificial Intelligence (AI). It is fair to say that AI has been criticized and feted. AI is either the best innovation since the wheel, or it is the harbinger of "the end of days." Perhaps, it is actually something short of either of these two extremes.
I have noticed that the older folks are struggling more with AI than the younger ones. That is subject to exceptions. One of the biggest proponents and fans I know is a septuagenarian, and one of the critics I ran into is a Gen Z. There are exceptions to most rules. Nonetheless, we of the "OFC" (old folks club) are struggling with the acceptance and adaptation of this new tool.
So, it came as no surprise that the conference attendee who provided this information was a card-carrying member of the OFC. And, as a fellow member, I was drawn to that recommendation. I am sharing it with you. No, the Texas effort is not the Rosetta Stone or the Missing Link. If you seek a be-all, end-all panacea about AI, I wish you good luck and safe travels. Your quest is noble but misguided.
The punch line, essentially, is that there ain't one.
That said, the Texas efforts are worth your consideration. Titled the AI Tool Kit, there is a wealth of analysis, advice, and patience. There are helpful takeaways.
This reinforces critical points on ethical use of AI. It fails to credit me, but endorses my advice on Trust but Verify, stating:
"You must independently verify Gen AI-generated results—never rely blindly."
There are admonitions to "double-check" and to focus on the critical lawyer obligation of "candor to the" tribunal. Layered on top of that are admonitions on billing that are worthy of consideration.
The AI Tool Kit addresses a spectrum of issues with "Managing AI Risk." That is positive. Let's all get over the panacea fallacy. There is risk with everything you do. Over 200,000 injuries are reported each year occurring in people's bathrooms. Risk surrounds us. Don't deny it, manage it.
So, following that analogy, perhaps there is less concern with tooth brushing than with shaving (sharp object) or with stepping into or out of the shower (slippery surfaces). The AI Tool Kit strives to identify and discuss the "least risk" to the "high risk." A sound analysis. Don't forget you can still get hurt with the low risk. Toothbrush injury may be rare, but explore it and make intelligent prioritization decisions.
What of privacy? Security? Well, folks, those are issues for anyone who possesses data. If the information is on paper, it can still be misplaced, mistransmitted, or stolen. That the data is digital may change the "how" of precaution/protection, but not the "if." Well, using AI is an extension of that "how" analysis.
A critical portion of the AI Tool Kit advises on the client. In the end, the purpose of every lawyer is service. We make no widgets. The lawyer is a service provider, whether in analysis, drafting, remediating, or litigating. How can the lawyer deliver service, and what is implicated by AI in that process?
The bottom line is that the world is changing. AI is an example, but not the only one. It is changing method, pace, and more. We would be remiss not to note it. We should be curious and engaged about it (unless you are committed to retirement in the next 24 months, it will likely impact you). We should be as respectful of it as we would be of any efficiency tool (think how much more efficient a chainsaw is over a bow saw; it will cut you more rapidly and deeply).
Is there magic in the AI Tool Kit? No. There is no panacea I have yet found. But, there is wisdom there, and at least enough knowledge to make you begin to understand how and when to ask more questions. I recommend the Tool Kit as critical reading for all who are engaging AI. It is a worthy investment of 30 minutes.
