The integration of Artificial Intelligence (AI) into Google searches has marked a significant shift in how information is processed, accessed, and delivered. While beneficial across various sectors, this technological advancement poses unique concerns for the legal profession. Lawyers, in our pursuit of justice and accurate representation of our clients, rely heavily on the precision and reliability of the information we gather. The obvious concern lawyers should have is how is AI manipulating this information before we get it (and whether it is accurate).    

Recall, AI's role in refining search algorithms has made finding relevant information more efficient. But, this efficiency comes with a caveat for the legal field. The primary concern revolves around the inherent biases and limitations within AI systems. These systems are trained on vast datasets that inevitably contain biases from past cases and decisions. For lawyers, this means that search results could be skewed or incomplete, potentially overlooking critical precedents or interpretations of law that might significantly impact our case.   

Moreover, the opaque nature of AI algorithms makes it difficult to understand how certain results are prioritized over others. This lack of transparency can be particularly problematic for lawyers who require a comprehensive understanding of all relevant legal precedents and interpretations to build their cases effectively. The fear is not just about missing out on crucial pieces of information but also about the reliability and authenticity of what is presented.     

As I have previously blogged, Judges, too, have expressed reservations about the uncritical use of AI in legal research and courtroom proceedings. They caution against an over-reliance on technology that may not fully grasp the nuances and complexities inherent in legal reasoning and judgment. Judges underscore the importance of human oversight in interpreting legal texts and making judicial decisions—an aspect that AI currently cannot replicate. Some judges have outright banned the use of AI in their courtrooms - signaling severe punishment should a lawyer be caught using AI in their work.   

Given these concerns, it's imperative for lawyers to adopt strategies to mitigate the influence of AI biases on any research process, including Google searches. The straightforward approach would be not to use Google. But I’m sure the other search engines are catching up to Google and will have their own “AI” search capabilities soon.  Lawyers could try diversifying their sources beyond Google searches by utilizing specialized legal databases that offer peer-reviewed articles and verified case laws - but even Lexis (with Lexis AI) and Westlaw (with Westlaw Precision are getting into the AI game. This just creates more hurdles for lawyers practicing before judges who prohibit the use of AI in their courtrooms. Another approach would be to turn off the “AI” function in your Google searching, but that is easier said than done (stay tuned for an upcoming “How to Turn Off ‘AI’ in Your Google Searches”!) In the end, lawyers can benefit from staying up-to-date with developments in AI technology to understand its capabilities and limitations better and know where it is being used.

Lawyers of all ilk need to foster a culture within law firms where continuous learning about technological advancements becomes a priority can equip lawyers with knowledge on navigating through an increasingly digital landscape without overly depending on automated systems. This was something we discussed at the 2024 GPSolo, LP & YLD Joint Spring Conference.  One place you might consider staying abreast of these issues is following your friendly neighborhood, The Tech-Savvy Lawyer.Page Blog! 🤗

Stay Tuned and Happy Lawyering!