How to practice ethical use of AI in law

Addressing the ethical concerns to take full advantage of AI in the future.

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The Future of AI in Law: Navigating Ethics to Unlock Productivity

A recent report from LexisNexis explored how generative AI could impact the legal profession. With advanced AI on the horizon, lawyers have an opportunity to implement these tools ethically and responsibly, unlocking a new level of efficiency.

Awareness of AI is already high among legal professionals.  The LexisNexis report found 87% are aware of generative AI, with 95% believing it will notably impact law in the future.  But with great power comes great responsibility.  90% also expressed concerns about potential negative impacts, especially around bias, transparency, and misinformation.

By proactively addressing these ethical pitfalls, lawyers can tap into AI's benefits while avoiding the risks.  The key is active human oversight throughout the AI model development and deployment process.

Mitigating Bias

Left unchecked, AI systems can easily reinforce existing biases. According to MIT Technology Review, "Bias can creep in at many stages...and the standard practices in computer science aren’t designed to detect it."However, with vigilant human oversight, bias can be minimised by carefully vetting data sources, monitoring for statistical anomalies, and continually tweaking systems to course-correct issues.

The ideal AI solutions make ethical considerations a priority from the start.  As LexisNexis' Alison Rees-Blanchard commented, "Any generated output must be checked thoroughly.  However, where those tools are trained on a closed and trusted data source, the user can have greater confidence in the generated output and hallucinations will be easier to identify."

LexisNexis' own Lexis+ AI tool was developed with real-world impact in mind, as Jeff Pfeifer, Chief Product Officer, explained: “[The tool] prevents the creation or reinforcement of bias...we ensure that we can always explain how and why our systems work...and we respect and champion privacy and data governance.”

With responsible oversight and trusted platforms, the risk of bias diminishes considerably, allowing the focus to shift to AI's benefits.

Ensuring Accountability and Transparency

Transparency and accountability are also crucial for the ethical application of AI.  At a minimum, platforms should explain to users how solutions were developed, what data was used, and how the systems work.  The right level of transparency establishes trust in the technology.

Equally important is maintaining clear accountability through human oversight over the AI.  Lawyers should only use tools where they can confirm trained professionals were involved in the model building and deployment.  When humans stay actively engaged, it not only reduces bias but also provides recourse if issues emerge.

Preventing the Spread of Misinformation

Finally, lawyers must consider the real-world impact of AI, including its potential to spread misinformation. This can happen when biased or false data is used to train systems, or when AI generates fictional information to fill gaps, known as hallucinations.

Again, human oversight is key to preventing misinformation, by continuously vetting data inputs and outputs.  As Rees-Blanchard noted, "Trained on a closed source and taught not to deviate, the results are exponentially more accurate." Lawyers should select AI tools built on reliable data sources with transparency around how conclusions are reached.

The Future of Law is Ethical AI

With responsible development and deployment, AI can revolutionise efficiency for law firms without compromising ethics.  By choosing transparent platforms focused on eliminating bias through human oversight, lawyers can tap into accurate, accountable AI systems.

The legal profession stands at an exciting inflection point, where generative AI promises to automate rote tasks and unlock new levels of productivity.  But realising this future relies on lawyers proactively addressing ethical considerations around bias, transparency, and misinformation.

By keeping humans in the loop and selecting responsible, trusted platforms, firms can safely integrate AI and prepare for the next evolution in legal technology. With ethical AI, lawyers can work smarter, deliver better service, and focus on higher-value work – ultimately strengthening the profession.

Mitigating Bias

Left unchecked, AI systems can easily reinforce existing biases.  According to MIT Technology Review, "Bias can creep in at many stages...and the standard practices in computer science aren’t designed to detect it."

However, with vigilant human oversight, bias can be minimised by carefully vetting data sources, monitoring for statistical anomalies, and continually tweaking systems to course-correct issues.

The ideal AI solutions make ethical considerations a priority from the start.  As LexisNexis' Alison Rees-Blanchard commented, "Any generated output must be checked thoroughly.  However, where those tools are trained on a closed and trusted data source, the user can have greater confidence in the generated output and hallucinations will be easier to identify."

LexisNexis' own Lexis+ AI tool was developed with real-world impact in mind, as Jeff Pfeifer, Chief Product Officer, explained: “[The tool] prevents the creation or reinforcement of bias...we ensure that we can always explain how and why our systems work...and we respect and champion privacy and data governance.”

With responsible oversight and trusted platforms, the risk of bias diminishes considerably, allowing the focus to shift to AI's benefits.

Ensuring Accountability and Transparency

Transparency and accountability are also crucial for the ethical application of AI.  At a minimum, platforms should explain to users how solutions were developed, what data was used, and how the systems work.  The right level of transparency establishes trust in the technology.

Equally important is maintaining clear accountability through human oversight over the AI.  Lawyers should only use tools where they can confirm trained professionals were involved in the model building and deployment.  When humans stay actively engaged, it not only reduces bias but also provides recourse if issues emerge.

Preventing the Spread of Misinformation

Finally, lawyers must consider the real-world impact of AI, including its potential to spread misinformation. This can happen when biased or false data is used to train systems, or when AI generates fictional information to fill gaps, known as hallucinations.

Again, human oversight is key to preventing misinformation, by continuously vetting data inputs and outputs.  As Rees-Blanchard noted, "Trained on a closed source and taught not to deviate, the results are exponentially more accurate." Lawyers should select AI tools built on reliable data sources with transparency around how conclusions are reached.

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