Montana Lawyer April/May 2024

PRESIDENT’S MESSAGE A.I. and the Montana Lawyer

Recently I had the chance to listen to two different presenters on the use of generative A.I. by lawyers (also referred to as large language models, or LLMs). The first presenter, who is working with the University of Hawaii on innova tion and technological issues, suggested what I would call a cautious approach. A lawyer should be aware of the chang ing landscape surrounding A.I. and its potential for use in legal practice, but should be an educated consumer. A lawyer, or law firm, should test drive A.I. products before commitment, pay ing particular attention to the underly ing source of data and what guardrails are in place to prevent, or lessen the chance of, “hallucinations” (where an A.I. program makes up cases or legal principles in its attempt to answer the question or prompt). Whether or how much a lawyer should be using genera tive A.I. is unclear at this point. The second presenter works for a legal research and technology com pany. He suggested that lawyers should already be using A.I. tools to generate work product, that this technology is only going to get better over time, and that clients will, sooner than later, expect lawyers to use generative A.I. to save time and reduce costs. As to the “hallucination” issue, this presenter suggested that while these issues may still occur at times, the filing lawyer just needs to check the work of the A.I. program, just as one would the work of an associate or paralegal. So, what should a lawyer or law firm do? As this technology seems too new to have official “best practices,” I turned to generative A.I. for ideas. I used Microsoft Copilot (which I understand is based on GPT-4). Here is its take on best practices for a Montana lawyer, with an expected focus on double checking the law and ethical require ments (interestingly the font used by Copilot was “Roboto,” which I have

never heard of but seems perfect for A.I. use): Generative AI can be a powerful tool for a small law firm, offering several benefits. Here are some best practices for its use: 1. Automated Document Drafting: Generative AI can help auto mate the drafting of routine legal docu ments, saving time and reducing errors. However, it’s crucial to review these documents for accuracy and compli ance with local Montana laws. 2. Legal Research: AI can assist in legal research by quickly scanning through vast amounts of legal texts and case law to find relevant information. Ensure the AI is trained on up-to-date and jurisdiction-specific databases. 3. Client Communication: AI can handle initial client inquiries, schedule appointments, and provide updates on cases. Always ensure that sensitive client communication is handled by hu man staff to maintain a personal touch and confidentiality. 4. Data Security: Given the sensi tive nature of legal work, robust data security measures are essential. Use AI solutions that prioritize data encryption and adhere to privacy regulations. 5. Continual Learning and Adaptation: Law is a dynamic field. Ensure your AI solution can learn and adapt to new laws, regulations, and case law precedents. 6. Ethical Considerations: Always consider the ethical implications of us ing AI in legal practice. Transparency with clients about the use of AI is key, and AI should not replace the critical thinking and judgement of a human lawyer.

7. Regulatory Compliance: Ensure your use of AI complies with all relevant professional and regulatory guidelines, including those set by the Montana State Bar. Remember, while AI can augment legal practice, it doesn’t replace the need for skilled human lawyers. The goal should be a harmonious blend of human expertise and AI efficiency. Generals. He served as Chief of the Civil Services Bureau, which represents the State of Montana in complex constitutional litigation and other cases of state-wide importance in both state and federal court. He is currently serving as the President of the State Bar of Montana. Stuart Segrest is a senior attor ney at Christensen & Prezeau, PLLP where he handles a wide range of litigation and appellate matters. Before joining the firm, he worked for the Montana Attorney General’s Office, where his career spanned the terms of four different Attorney

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