ARTIFICIAL INTELLIGENCE
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ARTIFICIAL INTELLIGENCE **
Welcome to the Wills & Estates Lawyer
AI Guide
“Lawyers that fail to adapt in response to [AI] innovations not only fail to serve their clients as effectively as possible, but also accelerate their own potential obsolescence”
— Schwarcz & Choi (2023)
Artificial Intelligence (AI) should be used by lawyers as an aid, rather than as a replacement for professional judgment.
While AI is a powerful tool, it should be used ethically and responsibly by professionals. Use this AI guide with such caution in mind.
The Do’s & Don’ts of AI
When used ethically and responsibly, AI is fantastic for Wills & Estates (W&E) lawyers. From enabling better planning of probate applications to aiding in researching existing trust, equity & probate case law - the possibilities are endless.
While AI is beneficial, ensure you take note of what NOT to use AI for. A bad use encompasses ‘uses’ which are unethical for your practice as a W&E lawyer. As noted in academia, AI cannot replace your “nuanced understanding and compassion” when you’re face-to-face with a client (Zafar, 2024, p. 8). Thus, AI reliance should be limited to merely be an aid for your handling of sensitive client matters.
Ethics?
Ethics?
The use of AI has raised ethical concerns by multiple legal institutions.
Here are some words of caution provided by notable institutions:
Supreme Court of Victoria:
In June of 2022, the Supreme Court of Victoria released guidelines for legal practitioners surrounding the use of AI in litigation. While the Court recognises that AI tools are already utilised in legal settings, it is emphasised that parties and practitioners should be aware of the Court’s principles surrounding AI use.
The principles [available here], in essence warn practitioners to be aware of the limitations of AI and the effect that it may have on the privacy & confidentiality of client information. Additionally, the Court asserts that lawyer’s use of AI tools are (of course) subject to the obligations imposed by the Civil Procedure Act 2010 (Vic).
Additionally, noting the Legal Professional Rules (LPUL), lawyers have a duty to the court (See Rule 19). You, as a lawyer, must ensure you do not deceive or mislead the court. This is important to note, particularly if you present material to the Court has been produced by AI.
So remember - when engaged in litigation, whether it be in a Part IV claim or a Probate / Letters of Administration disputes, ensure you familiarise yourself with your obligations and duties.
Victorian Legal Services Board:
The VLSB+C also provides notable guidance on using generative AI platforms in practice. Of particular note from the VLSB website, is to ensure you as a lawyer are aware of ‘plausibility bias’ of AI - which is where platforms such as ChatGPT can provide a false sense of credibility. While this sounds like common sense - ensure you double check that the final product you produce is accurate.
A great word of advice from the VLSB+C also notes: “… Make sure that time and budget pressures do not incentivise excessive reliance on [AI] tool[s]”.
Obviously never rely on AI as a quick way out of producing authentic and excellent work for your clients. Circling back to the LPUL rules, solicitors are under an obligation to provide clients with integrity, competence and honesty.
The LIV Ethics Support Line is your friend.
Call them on (03) 9607 9336.
Alternatively, visit the LIV website.
Useful Links
TIPS & TRICKS
Having considered the ethical implications & precautions, let’s now consider how you can use AI in your very own Wills & Estates practice…
Using AI to: research
Generative AI can greatly enhance your legal research tasks. From reducing the time it takes to search for cases….to being able to find a short summary of a TEP case, there’s a multitude of uses that AI can do to help you perform tasks efficiently…
Which AI platform should you use to research?
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The LexisNexis branded AI provides authoritative LexisNexis content right to you. It allows users to “search, draft, summarise and analyse” content available on the database (LexisNexis, 2024).
Some notable features of the Lexis+ AI, compared to other AI platforms include:
History Feature - which allows users to find and re-run previous conversations that were made,
Jurisdiction Default Selector - which allows users to set a particular jurisdiction as their default,
Lexis+ Headnotes Feature - this feature alows users to access comprehensive headnotes for every case on the LexisNexis database,
Shepard Summaries - using the Shepard company technology, Lexis+ AI allows users to access Shepard summaries for all cases.
More about the Lexis+ AI can be found here
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WestLaw’s AI is a new program which allows users to “ask conversational questions and receive smart answers in minutes” (WestLaw, 2024).
Some notable features of WestLaw’s AI includes:
Authorised Versions of Cases: WestLaw advertises that its AI only relies on providing users court authorised versions of decisions.
Outline Builder: The company advertises that their AI tool uses a ‘customisable research outline’ which allows users to select specific text citations and snippets without having to leave the AI tool itself,
Conversational AI: WestLaw advertises that its AI allows users to “ask specific questions as if you’re talking to a colleague”
More information about this model can be found here.
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The newest legal AI platform to launch to market, Callidus AI presents itself as a platform which allows users to “receive immediate answers to legal questions & analysis of complex fact patterns” (Callidus, 2024).
In comparison to the other two platforms above, Callidus allows users to:
Summaries: Produce high-quality PDF summaries of cases and legislation,
Legal AI Army: Access is provided to an ‘intelligent legal AI army’ which allows users to easily access cases, statutes and more without having to leave the site.
More about this platform can be found here.
Some Example Phrases to Ask…
What is the Forfeiture Rule?
Can you summarise Re Curtis [2022] VSC 621?
What are some notable cases that discuss section 43 of the Wills Act (Vic)?
Provide me some new trust, equity and probate (TEP) cases that have been recently handed down by the Supreme Court of Victoria.
Click on each AI platform to expand the block and find out more information…
How should you use AI to conduct effective research?
After choosing the right AI platform that meets you or your firms needs, there are a range of common tips and tricks to best use AI for Wills & Estates law research.
Are you having difficulty locating a case…
…With similar facts to your client’s issue?
…Which deals with a particular legislative provision?
…Which come from a particular Court / Jurisdiction?
…Thankfully all of the above Legal AI platforms can assist with finding cases & legislation to suit the above needs. Follow along in the following activity to expand your ability to use creative methods to enhance your legal practice!
Activity Time
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Activity Time 〰️
Activity: Conducting AI Assisted Research
Step 1: Plan & Brainstorm your query
Just like using any search engine (whether it’s Google or a Library Database) the phrase you enter into the AI generative platform will be key to finding good results that will assist you in researching.
Before you write anything into the AI platform (of your choice) think carefully about phrasing your question or request. Think: Are you after a summary of a case? Are you after finding cases which are recent? Old cases which stand for important principles?
Step 2: Collate the AI findings
After conducting some good searches, collate the AI findings and engage further with the results.
Remember that the AI findings are an assistant to push you in the right direction to conduct great research. The AI results should not supplement your own reading of the cases.
As discussed by academics, AI is “not presently able to reason in context … humans are good at extrapolating from incomplete information; AI, on the other hand, is poor at reasoning from partial information” (Legg & Bell, 2019, p. 55).
Step 3: Verify the findings & acknowledge your AI source
Ensure you take appropriate measures to ensure the AI bot’s results are accurate. Especially if you are relying on an AI model for direct advice you are planning to give to a client. Take appropriate steps to fact-check.
Also ensure you re-write any summarisation provided by an AI bot - so as to avoid plagiarism or regurgitation of incorrect material.
AI Reflections
“The advances in AI will not replace lawyers wholesale but rather automate some constituent tasks of lawyering. The advent of AI does mean that lawyers, collectively, will need to adapt to significant change, however disparately its impacts may be distributed…”
— Legg & Bell (2023, p. 58)
The presented uses for AI are only some of the main uses for lawyers in a Wills & Estates practice.
As noted by multiple sources, the current uses of AI to legal practice “are just the early beginnings of what will be a radical technology-based disruption to the practice of law” (Marchant, 2017, p. 22). More uses will only arise if there are creative lawyers out there that think of new processes.
This is where you come in…
Because the AI tools are at your disposal, it is encouraged that you think outside the box and use AI in a way that suits your working style & practice.
As a moment of reflection, pick a generative AI platform and come up with 3 uses that AI could do to help you. Once you come up with 3 items, test out whether the AI can assist. Get creative and think as far-fetched as possible.