Implications of Generative AI in the Legal Industry and the EU AI Act [Published in LegalBusinessWorld]
Furia Rubel CEO and general counsel Gina Rubel recently published an article outlining the benefits of generative AI as well as important considerations for using this tool effectively and in compliance with emerging AI law. She interviews Éva Kerecsen, chief legal counsel at NNG LLC, about the growing impact of ChatGPT and other Large Language Models on the legal industry.
Kerecsen urges attorneys to adopt a measured approach in their use of these tools. “People can sometimes overlook important values in their race to get ahead,” she says, “such as security, privacy, and basic human rights. Today, we’re seeing a sort of ‘digital gold rush’ that raises a lot of legal and ethical questions. As legal professionals, we have an important role in ensuring that these human values and rights are not forgotten amid rapid technological advances.”
Kerecsen provides an overview of the European Union Artificial Intelligence Act, which was approved by the European Parliament in June 2023. The AI Act uses a risk-based approach that places AI tools into four different categories:
- Unacceptable risk (human rights violations)
- High risk (management and operation of critical infrastructure such as transportation or healthcare)
- Limited risk (LLMs like ChatGPT)
- Low and minimal risk
Kerecsen emphasizes the need for a human touch when using generative AI: “Some people may prepare and research using AI, but these tools will never win a case for you. They will never negotiate a contract in a way that you would like. Large language models can be great tools to facilitate our everyday work, but they will never understand human reasoning and humanity, feelings, and emotional intelligence that play into a case and its outcomes.”
To use these tools safely and effectively, Kerecsen strongly urges law firms to establish specific generative AI policies that follow the recommendations of their local bar associations regarding attorney-client privilege and rules on confidentiality and privacy.
- Generative AI Resource Center
- Navigating the Risks and Benefits of Artificial Intelligence in the Legal Industry
- Generative AI: A Sample Policy for Organizations