The rise of generative AI has resulted in a surge in AI-powered assistants, which can improve productivity and collaboration. However, these instruments pose considerable hazards for law firms. Software that can summarize meetings in real-time, transcribe audio, or record screen, audio, and video at the same time generates unforeseen digital paper trails that may come back to harm attorneys in court.
While these AI tools increase efficiency, they also generate a large amount of data that may be discovered in litigation. While this risk is unavoidable and inadvertent when utilizing AI technologies in legal practice, it is vital to bring it up from time to time.
Companies have spent years reducing their digital footprint and limiting the amount of data they collect and preserve. However, the generative AI revolution threatens to undercut those attempts by introducing new sources of potentially damaging evidence. Even well-meaning attorneys who were attempting to simplify their lives by utilizing AI techniques.
An example is a remote meeting in which participants use an AI-powered assistant to transcribe the conversation in real-time. That transcript, which may contain unguarded remarks or sensitive information, could subsequently be discovered in subsequent litigation. Similarly, recordings of meetings or individual screen/audio/video captures may give a wealth of evidence that businesses did not mean to produce.
Companies should closely examine the AI tools that their employees use and develop explicit standards for data reduction, retention, and proper management of any digital records generated. Employees should be taught about the potential legal consequences of these technologies, and businesses may want to limit some features, such as real-time transcription or simultaneous screen/audio/video recording.
Utilizing AI products in legal work is not inherently harmful; nonetheless, organizations must limit their risks and employees must be aware of the perils of utilizing AI.
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