From Auld Lang Syne to New Tyme’s Sake: The Intersection of AI and the Law in 2025

January marks the beginning of a new year, and with it, the opportunity to reflect on the advances of the previous year and look ahead to the future. As we begin 2025, one thing is clear: technology is growing exponentially, and with it, the legal profession must evolve to meet the challenges and opportunities that new technology presents. One of the most significant technological developments of our time is artificial intelligence (AI), which is already making its presence felt in many industries, including law. In fact, nearly half of the Continuing Legal Education (CLE) credits I received last year were devoted to educating attorneys about the implications and applications of AI in legal practice.

Before diving into the specifics of how AI is changing the legal landscape, it’s important to take a step back and reflect on how quickly human civilization has advanced technologically. For thousands of years, humans relied on horses for transportation, a system that remained essentially unchanged for millennia. Then, the internal combustion engine was introduced, fundamentally altering how we moved from one place to another—and it only took about a century to go from horse-drawn carriages to self-driving cars.

Consider other milestone inventions: electricity, which revolutionized industry and daily life, became widely available in the late 19th century. The telephone, invented by Alexander Graham Bell in 1876, allowed people to communicate instantly across vast distances—something that had been impossible just a few decades before. Fast forward to the late 20th century, and the internet emerged, connecting the world in ways previously unimaginable. The smartphone followed soon after, putting an entire world of information in our pockets and transforming how we work, communicate, and live. Now, we are on the cusp of another revolutionary shift: artificial intelligence. The distance between each of these monumental inventions is shrinking rapidly, and we are experiencing the most dramatic changes in the shortest time span in human history.

Now, as AI rapidly advances, it’s becoming an integral part of many industries, including law. But while many people may think of AI as something out of a science fiction movie, the truth is, it is already integrated into our daily lives, often without us even realizing it. Whether it’s the virtual assistants on our smartphones, predictive text in emails, or even the personalized recommendations we get when shopping online, AI is silently at work, making our lives more efficient. But as legal professionals, we need to understand how AI is reshaping the legal landscape, from intellectual property to estate planning, and beyond.

The Role of AI in Various Legal Practices

1. Intellectual Property

AI is revolutionizing the way intellectual property (IP) law is practiced. As businesses continue to innovate, the need for IP protection has never been greater. AI tools can potentially be used to search databases for existing patents, trademarks, and copyrights, making it easier for lawyers to conduct thorough research and protect their clients’ intellectual assets. Machine learning algorithms can sift through vast amounts of data in a fraction of the time it would take a human, ensuring that clients’ innovations are safeguarded from infringement.

For example, an AI-powered tool might quickly analyze millions of patent applications and identify potential conflicts or similarities with a new invention. This streamlines the process of patent application and reduces the risk of costly legal disputes. However, it’s important to note that while AI can assist with research, it is still essential for attorneys to review and interpret the results to ensure that all nuances and specific legal requirements are met.

2. New Business Startups

In the world of new business startups, AI is helping entrepreneurs navigate the complex legal requirements they face. From business formation to contract drafting, AI tools can help generate templates for standard contracts, such as non-disclosure agreements (NDAs), employment contracts, and partnership agreements. These tools can save time by automating routine tasks, but it is still vital for attorneys to review these documents carefully. Lawyers ensure that the contracts are tailored to the specific needs of their clients and comply with all relevant laws.

For instance, AI-driven contract generation tools can help a startup founder quickly draft and review a set of contracts tailored to their business needs, but an attorney’s expertise is necessary to ensure that the agreements reflect the client’s intentions, minimize risks, and comply with applicable laws.

3. Estate Planning

In estate planning, AI tools can assist in guiding individuals through the process of creating a will or trust by generating questions and helping them consider important decisions. While AI can simplify the process by identifying key issues and generating drafts, it is essential for an attorney to review and finalize the documents to ensure compliance with legal requirements and that the client’s wishes are carried out properly. The complexities of estate law, including tax considerations, asset distribution, and guardianship, require an attorney’s expertise to ensure that the final documents are valid and fully reflective of the client’s intentions.

For example, AI might help a client by organizing information about assets and beneficiaries and suggesting provisions for distribution. However, a lawyer must carefully review the information and ensure that the estate plan meets all legal criteria and aligns with the client’s goals, especially in complex family situations or with large estates.

The Benefits of AI in Legal Practice

AI offers several benefits to legal professionals and their clients, including:

   •       Efficiency: AI can perform tasks in a fraction of the time it would take a human, allowing lawyers to handle more cases and clients with greater efficiency.

   •       Cost Savings: By automating repetitive tasks, AI reduces the need for manual labor, which can lead to significant cost savings for clients and law firms alike.

   •       Improved Accuracy: AI algorithms, particularly in research and data analysis, can help reduce human error and increase the accuracy of legal work.

   •       Accessibility: With AI-powered legal tools, more individuals can access legal services without the need for costly consultations. This democratizes legal services and makes them available to a broader population.

However, while AI offers many advantages, it is essential for legal professionals to remain cautious in its use.

The Importance of Caution in Using AI

Despite its many benefits, AI also presents potential risks and challenges. One of the most significant concerns is the potential for bias in AI systems. AI algorithms are trained on data, and if that data is biased, the outcomes generated by AI can be as well. This is especially important in legal practices such as criminal law, where biased data could lead to unjust outcomes.

Additionally, AI is not foolproof. While it can assist in research, document drafting, and predictive analysis, it cannot replace the nuanced judgment that an experienced attorney brings to a case. Legal professionals must remain vigilant in reviewing AI-generated work and ensure that their human expertise and ethical obligations guide their decision-making.

Consulting with an Attorney on AI Issues

Given the legal implications of AI in various areas of law, it is crucial for individuals and businesses to consult with an attorney when issues arise that may have legal consequences. An attorney can provide guidance on issues such as data privacy, intellectual property rights, or even disputes arising from AI-driven contracts. Consulting with a legal professional ensures that the use of AI remains compliant with the law and ethical standards.

A Fun Fact: reCAPTCHA and AI’s Advancement

On a lighter note, I recently learned something interesting about the online “reCAPTCHA” system—those little prompts asking us to prove we’re not a robot by identifying images of traffic lights, street signs, or storefronts. What I found fascinating is that this seemingly simple tool actually plays a critical role in the advancement of AI. At its core, reCAPTCHA works by collecting human feedback to help AI systems learn to recognize images more accurately.

The example provided to me was that AI might be able to distinguish between a dog and a cat, but if the dog in the image resembles a cat—like a Jack Russell Terrier with pointy ears—AI could get confused. reCAPTCHA helps to create a massive database of human responses to images, which is then used to improve AI’s ability to differentiate between subtle details. This system serves two purposes: protecting against online scams and contributing to the ongoing development of AI technologies. Fascinating, isn’t it?

Looking Ahead to 2025

As we begin 2025, the future of AI in law is undoubtedly bright. With advancements happening every day, we can expect to see more integration of AI tools in various legal practices, providing both efficiency and accessibility. However, it’s crucial that legal professionals and individuals remain cautious and informed about the ethical, legal, and practical implications of using AI.

Reflecting on the rapid pace of technological advancements throughout history—from the internal combustion engine to smartphones and now AI—it will be interesting to see how quickly AI grows in 2025. As we’ve witnessed with every major invention, the distance between breakthroughs seems to be shrinking. The impact of AI on the legal profession will likely accelerate, and it will be exciting to see how AI continues to shape the future of law and society.

Happy New Year to all, and here’s to a productive and innovative 2025!