On September 26, 2017, Bloomberg Law unveiled an AI program called “Points of Law,” a service that allows users to quickly identify and analyze language in a judicial opinion.
The program uses a machine learning algorithm that indexes its opinions, making it easier for users to find legal points and precedents that strengthen their own legal arguments. When the feature is turned on, language is highlighted in the text, and citations are linked from the margin. The program is one of a wave of automated legal research and analysis engines that are raising significant ethical questions regarding attorney competence and confidentiality.
As reported by the ABA, attorneys are increasingly turning to AI-generated work product to increase their legal research and drafting efficiency. In fact, attorneys participate in training these machine learning algorithms, as each query entered into the system helps to expand and refine the legal analysis the algorithm returns. But, when delegating work to AI programs, attorneys should be wary of their ethical obligations under the competence rules. Significantly, lawyers must understand how AI programs function in order to fulfill their duty of technological competence.
This means that a lawyer using Bloomberg’s Points of Law service must understand how the program’s indexing works and how it selects which language to highlight. For example, though AI programs continuously “learn,” they may not find every supporting precedent for a client’s case. As such, a lawyer entering a query into programs like Points of Law must ensure the accuracy of the research returned in order to satisfy their duty under the ethical rules. AI programs likely pose concerns regarding lawyers ethical duties of confidentiality. Therefore, lawyers must take the appropriate steps to prevent inadvertent disclosure of confidential information by completely understanding the terms of service of the AI programs they are using, and ensuring there is a confidentiality agreement with the AI vendor.
Find the article discussing the unveiling of Bloomberg’s Points of Law here.
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