IBA Mexico: Lawyers at the forefront of global AI governance

The legal profession must be at the forefront of global efforts to ensure the spread of artificial intelligence is governed for the benefit of humanity, the world's largest gathering of lawyers has heard.  

In what it described as a 'call to action for the legal community to embrace AI responsibly and proactively', the International Bar Association published the first report of a major investigation into AI and the legal profession. The Future is Now, produced with the Washington DC-based Center for AI and Digital Policy (CAIDP), stresses the need of the profession to stay abreast of technological advancements to maintain the integrity and efficacy of legal practices globally.

It appears amid a flurry of regulatory activity in the area: the UN secretary general published proposals for global governance of AI. Meanwhile earlier this month, the Council of Europe published the first international draft treaty on AI; the UK, the US and the EU were among the early signatories.  

In a keynote speech to the IBA's annnual conference in Mexico City, Marc Rotenberg, the CAIDP's executive director, predicted that the impact of AI on the legal profession would be greater than that of the internet. He also warned of the dangers of the unregulated spread of 'black box' systems generating conclusions without explaining how they reached them.

Rotenberg, an academic lawyer and digital privacy activist, cited warnings of an 'epistemological collapse' - in a world of uncertainty about the reliability of information. 

The Future is Now: Artificial Intelligence and the Legal Profession is based on research which found:

• 48% of lawyer respondents support regulation around the use of AI in the profession;
• 57% said consistency was important in regulation as different countries create their own rules;
• Less than half (91 out of 210 law firms) had policies in place around the use of AI in their organisations;
• 69% of survey respondents were unaware of the extent to which AI regulation would impact their firms;
• Larger law firms are using AI in client-facing applications such as legal research and building contracts;
• The use of AI technology offers a competitive advantage for law firms; and
• Some law firms producing AI tools for their own use could be exposed to accusations of flouting competition law.

One of the report's main conclusions is the transformative potential of 'generative AI', which is ‘poised to bring significant changes to the structure, operation and strategy of law firms.’ However, the report also cautions that ‘the implementation of AI in law firms requires extensive training and development programmes to ensure successful integration and utilisation.’ This underscores the need for a strategic approach to AI adoption.

‘As AI continues to evolve, it is imperative that we establish robust policies and frameworks to ensure fairness, accountability, and transparency,' Rotenberg said. 'This report is a crucial step in that direction, providing valuable insights and recommendations for legal professionals and policymakers alike It serves as a call to action for the legal community to embrace AI responsibly and proactively, ensuring that its integration enhances the profession and society.’

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