Montana Lawyer June/July 2025

and finalizing the document but, unless the client approves, not for the time spent learning how to operate the tool. However, with appropriate disclosure to the client, the law yer can, for example, charge a higher fee for more efficient work done using Gen AI, compared to the same work done without using Gen AI: in other words, clients getting higher ROI. The key is to keep the client informed and get the client’s approval if you plan to change your fees due to Gen AI. By providing this structured framework, the ABA reinforces that Gen AI is not a shortcut to bypass ethical diligence but a tool that, when used thoughtfully, can complement and enhance traditional legal practices . Formal Opinion 512 goes beyond merely restating ethi cal rules. It encourages lawyers to approach Gen AI with a blend of caution and innovation, recognizing the potential for technology to enhance efficiency and service delivery while safeguarding professional standards. Lawyers are re minded that their ultimate responsibility is to their clients, not the technology. As new Gen AI tools emerge, the ABA anticipates issuing further guidance to address specific tools and scenarios, ensuring the profession evolves responsibly alongside technological advancements. By providing this structured framework, the ABA reinforces that Gen AI is not a shortcut to bypass ethical diligence but a tool that, when used thoughtfully, can complement and enhance traditional legal practices. Assessing Firm Needs and Capabilities Before Gen AI enters into operations, a law firm must thoroughly evaluate current practices, staff readiness, and specific needs. I consulted for a mid-sized firm with just under 100 staff, and will share about this case study as a compelling example of how to leverage surveys and focus groups to build a data-driven integration strategy. The firm's findings revealed both significant enthusiasm and critical gaps in knowledge and preparedness, offering key insights into how Gen AI can be responsibly and effectively adopted. We adapted my standardized survey template for law firms on Gen AI to the needs of this firm, and then launched the survey. The customized survey revealed that 75% of attorneys viewed Gen AI as a tool with the potential to improve productivity and efficiency, and 55% expressed eagerness to adopt it actively. However, only 25% of the attorneys - no partners, just associates, mostly younger and more digitally savvy - were already using Gen AI, high lighting a substantial 50% gap between interest and usage. Among those who used Gen AI, its applications varied widely. Attorneys reported leveraging Gen AI primarily for drafting and summarizing legal documents, including motions, memos, and agreements. Additionally, some used it for preliminary legal research to identify potentially rel evant case law or to refine and improve the readability and conciseness of their written work.

Despite these benefits, the early adopters faced signifi cant challenges. They needed to learn how to fact-check Gen AI to catch fictitious citations or misrepresentations of case law. One attorney shared a detailed account of testing Gen AI for specific state-level legal queries, only to find that the citations provided were inaccurate to their state. This experience reinforced the need for rigorous human over sight when using Gen AI in legal work, particularly for tasks requiring precision and legal interpretation. The focus groups provided deeper insights into the concerns and expectations of staff. Junior attorneys voiced apprehension about how Gen AI might impact their profes sional development, particularly the opportunity to hone essential skills through traditional drafting and research tasks. Senior attorneys, meanwhile, expressed skepticism about the technology’s current limitations but acknowl edged its potential to reduce time spent on routine tasks. Across the board, employees emphasized a strong desire for comprehensive training, with 100% of non-partners in dicating interest in ethical and legal applications of Gen AI and over 90% expressing enthusiasm for practical training on integrating Gen AI into their workflows. These discussions also uncovered a clear demand for

APRIL-MAY 2025

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