Washington Lawyer - May/June 2024 - 44

THE LEARNING CURVE
The Client Needs
You, Not AI
By Josephine M. Bahn
A
rtificial intelligence (AI) has
the capability to effect
dramatic changes in the
practice of law, and the
impacts may be felt greatest by
attorneys who are in the early
stage of their careers.
With AI performing basic legal research, document
review, document management, and
other administrative tasks, junior lawyers will
surely have a different experience than their
predecessors, some of whom may view the
technology as a threat to their practice or a
" crutch " for new attorneys.
AI can be a tool for young and new lawyers to
strengthen their repertoire, but it should be
used with caution. We've heard the horror stories
of lawyers using ChatGPT and nonexistent
case law, or of attorneys utilizing AI to produce
discovery requests without checking local rules
requirements. It behooves young lawyers to familiarize
themselves with the technology they
want to use - how it works, what others in the
field might use it for, and, most importantly,
what its potential pitfalls might be.
Lawyers will need to learn changing technologies
fast as AI continues to evolve. After all, using
AI requires more than simply pushing a
button. Young lawyers should think about each
client and case holistically to find the AI product
that is the right fit for their clients' needs
and their own.
Beyond choosing the right tool, early career
lawyers will need to learn how to compose the
right queries; assess the relevance, quality, and
accuracy of the responses; update the queries
as needed; and combine the results into the
work product.
44 WASHINGTON LAWYER
* MAY/JUNE 2024
Adoption of new technology should not replace
the human elements of law practice.
Knowing an individual client's goals and preferences
is not something you can readily feed
into an AI platform if, for example, the client
hates passive voice or will strike any in-line citations.
Without knowing the " people " part of
the profession, new technology tools may actually
hinder young lawyers' growth. Remember
that you are the reason the client hired you
in the first place, not your ability to use AI.
Lawyering is a technical profession where
words matter and delivery may trump all else.
Our clients can see through discovery requests
formulated using AI that fails to consider prior
pleadings, specific facts, and the nuances of
the case. Young lawyers must remember that
they are the human element needed to bring a
case toward a desirable outcome for the client.
To put it into perspective, most clients do not
want their lawyers asking an AI platform what
the next offer in a mediation should be - that
is the kind of lawyering your client is looking
to you for. If you remain the clients' trusted
advisor, then you remain indispensable to
them.
Josephine M. (Jo) Bahn is a construction law
and commercial litigation associate at Cozen
O'Connor. Bahn also serves as the D.C. Bar's Under
36 Delegate to the ABA House of Delegates and is
immediate past chair of the ABA Young Lawyers
Division.
D.C. BAR LAWYER ASSISTANCE PROGRAM (LAP)
A free, confidential counseling program
for lawyers, judges, and law students
who are experiencing problems such as
addiction, mental health symptoms,
or stress, which interfere with their
personal or professional lives.
Confidential phone: 202-347-3131
Email: LAP@dcbar.org
Twitter: @LAPCounselor
www.dcbar.org/lap
http://www.dcbar.org/lap
Washington Lawyer - May/June 2024

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