It’s been nearly a year since the launch of ChatGPT, and there’s no denying that generative AI has grown in importance since its debut.
While this new technology offers incredible potential, it’s natural for some legal professionals to be hesitant, particularly given the fast pace of its development. In fact, media coverage has shifted from excited predictions to more sober reflections as people grapple with the practicalities of GAI.
There is reason to be cautious, given the difficulty in drafting effective rules and regulations around the use and potential misuse of generative AI tools. In addition, questions about copyright law and AI have spawned multiple lawsuits against OpenAI, Google, and other companies related to using internet data to train AI models.
All this uncertainty can certainly lead to questions about whether moving forward with GAI adoption in the legal field is a good idea or not.
While we cannot predict the future of AI development with absolute certainty, we must decide how to move forward.
One thing that seems clear is that organizations adopting a thoughtful and strategic approach to generative AI will fare much better than those who implement a zero-risk policy. The dangers of a zero-risk policy are real and significant.
Organizations that avoid using generative AI often do so out of fear. Primary concerns are fear of the unknown, fear of the potential risks, and fear of not being in control.
But by avoiding the technology altogether, these organizations not only miss out on the benefits that GAI can provide, but they actually increase their long-term business risks. They risk falling behind their competitors who are embracing GAI, and they risk becoming irrelevant as the technology becomes increasingly widespread.
A zero-risk policy may seem like the safest option, but in the long run, it’s anything but. Instead of banning employee use or delaying adoption, a managed strategic rollout is the best course of action.
Luckily, there are tools available that can help legal professionals navigate the potential perils of GAI adoption.
Maturity models emerged as powerful tools in the early days of legal operations, offering guidance and a roadmap for improvement. By assessing various dimensions of a legal department, organizations could gain valuable insights into their strengths and weaknesses and strategically make changes to enhance performance.
The use of maturity models continues to benefit legal organizations today, allowing them to put their best foot forward in a rapidly changing and competitive field.
Following the precedent set by early CLOC maturity models in legal operations, we at UpLevel Ops have developed a maturity model called the Generative Artificial Intelligence Opportunity Assessment.
This model is specifically designed to provide guidance for legal organizations managing GAI. Our model charts four stages of maturity: ad-hoc, defined, tactical, and strategic.
Leveling up these stages of maturity can help organizations get the most out of generative AI in a safe and effective manner. By following this roadmap, legal organizations can create effective strategies and take essential steps to mitigate associated risks.
The Generative AI Opportunity Assessment can be an invaluable resource for organizations navigating the new opportunities and challenges GAI presents.
As an example, organizations currently considering the use of GAI can start moving toward strategic management by taking the following introductory steps:
- Develop comprehensive policies and procedures encompassing all GAI systems used in the legal department and establish guidance for employees on the proper use and implementation of GAI. Putting these policies in place can proactively manage any risks associated with these systems.
- Ensure that there is a clear governance structure in place around the use of GAI. Identify key decision makers and/or establish oversight committees that will be responsible for monitoring GAI use and making strategic decisions. Encourage regular communication and collaboration between these decision-makers and other staff members to keep everyone aware of the latest developments and potential challenges.
- Identify specific areas within the legal field that would benefit from GAI capabilities and prioritize these areas of development. Engage in experimentation with various GAI tools to assess their effectiveness, including considering pilot programs or beta tests. Consider using a GAI management portal to formalize and track GAI tool usage.
- Implement an employee training plan that covers the basics of GAI capabilities and usage, including effective prompt engineering. Provide guidelines around the appropriate GAI tools to be used for different legal tasks.
The emergence of generative AI has triggered a foundational shift in the legal field.
To remain relevant and competitive, legal organizations must strategically embrace this technology.
By following a roadmap for strategic implementation, such as the GAI Opportunity Assessment, organizations can establish effective governance and management around its use.
For additional guidance and resources around GAI adoption, please visit uplevelops.com/services/gai-management.
Brian Hupp was a founding leadership team member of the Corporate Legal Operations Consortium (CLOC) and served for many years on the CLOC Board of Directors. After more than 25 years in the legal industry, Brian has developed an expertise in building corporate legal operations functions from the ground up and has built a reputation for collaboration with legal technology partners to turn nascent technologies into essential, cutting-edge components of the legal operations arsenal.
Brandi Pack has a diverse background that spans the legal, hospitality, education, and technology industries. Over the course of her career, she has excelled in various strategic business operations roles at Hewlett Packard Company, Constellation Brands, and Goodwill Industries. Brandi has a successful track record in project management, training, business development, legal operations, and IT services. She is a thought leader in the emerging space of AI in the workplace, particularly as it impact the legal landscape.
