AI in personal injury law: A balancing act
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Despite myriad unknowns, Charles Gluckstein remains optimistic about the future of AI in the personal injury sphere. Balancing the benefits of enhanced efficiency, streamlined processes, and improved access to justice with potential risks and uncertainties, he envisions a future where the client emerges as the ultimate beneficiary
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THE INTEGRATION of generative AI in personal injury is a double-edged sword, providing unprecedented opportunities for efficiency and innovation, but also raising concerns about privacy and the potential to deceive. However, despite the risks and unknowns, Charles Gluckstein approaches this evolving landscape with enthusiasm and foresight.
“Looking at the horizon, I’m filled with optimism. We’re just beginning to uncover the vast potential of AI,” articulates Gluckstein, the visionary leader and managing partner of Gluckstein Lawyers. “Lawyers need to embrace the technological advancements in order to provide top-tier services to their clients. Embracing this tech is imperative, but we must also establish robust guardrails to ensure that is safe for clients.”
Gluckstein Lawyers is a preeminent personal injury law firm with a strong reputation for providing exceptional legal services. With over 60 years of experience, our IRM specializes in personal injury, including medical malpractice and sexual abuse cases, consistently delivering top-notch results for their clients. The team at Gluckstein Lawyers is comprised of highly skilled, experienced, and compassionate lawyers who are dedicated to seeking justice and ensuring the best possible outcome for their clients. They provide personalized attention, strategic advice, and aggressive representation, earning the trust of individuals and families in need of legal assistance. Gluckstein Lawyers is committed to making a positive impact in the lives of their clients and the community.
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“Lawyers need to embrace the technological advancements in order to provide top-tier services to their clients. Embracing this tech is imperative, but we must also establish robust guardrails to ensure that is safe for clients”
Charles Gluckstein,
Gluckstein Lawyers
Throughout his career spanning over a quarter of a century, Charles Gluckstein has cultivated a deep-rooted passion for technology. His tech expertise has continually evolved, to the extent that he has collaborated with software developers to tailor programs uniquely suited to his firm’s requirements. When the COVID-19 pandemic struck, this technological groundwork proved invaluable.
“Our robust technological infrastructure smoothly facilitated our transition during the pandemic, positioning us at the forefront of the next major technological revolution since the advent of the internet: generative AI,” reflects Gluckstein.
Watching IBM’s Watson supercomputer compete on Jeopardy! and a computer outplay the world’s best chess player, AI is continuously improving, but over the last few years, “it has grown exponentially,” Gluckstein says. Creating unique content by predicting natural language response, generative AI is so powerful because it’s an incredible mimic of human-created content, to the point where it’s difficult to tell it’s computer generated. It’s a vast leap from the Industrial Age and the revolution of the internet to machines now offering intelligent services – and AI’s impact on various professions, where knowledge is the commodity, is significant.
Take medicine, for example. A computer can give a much more accurate reading of an image than an extensively trained human radiologist because it has the world’s training:
every textbook, updated study, and expert contribution. Still, the computer doesn’t replace the radiologist but acts as a counterpart to confirm or refute a diagnosis.
Work-related accidents or mishaps
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Directors & officers
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Legal fees
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Auto liability
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Property damages and bodily injury
Gluckstein predicts a similar future for AI’s intersection with the law, both within firms and in the court system. In-office, there are now many tools that go beyond document management and help create content, with AI software able to write letters, sort and summarize records, do research, or prepare speeches. Filevine, Lexis+, and Alexi, for example, are three of the “incredible resources” that Gluckstein has integrated into the firm’s workflow.
Advances in AI have had a huge impact in terms of lawyers rethinking how their offices run, what their expectations are for productivity, and the role of their support team. Where clerks would consistently spend days summarizing – and may not enjoy the experience – they can do more analytical tasks like create the argument from the summary. Administrative duties are increasingly delegated to computers, allowing legal professionals to concentrate on the core aspects of their service – the creative work, the collaborative work, the analytical work.
“That’s where we deliver our greatest value,” Gluckstein asserts.
The courts are also leveraging technology to become more efficient through virtual hearings and paperless document submission, streamlining the search of records for relevant data, but more could be done to help manage the large volume of materials and the scheduling issues. Gluckstein points to Calendly as an example of a tool that saves his office significant time and could be implemented within the courts to manage hearing scheduling.
“We’ve arrived at the real precipice of technological advancement. These are fast-moving days, and a lot could change from now to next year”
Charles Gluckstein,
Gluckstein Lawyers
Technology, in its entirety, serves as a catalyst for positive change, fostering heightened efficiency, effectiveness, and innovation. However, when focusing on generative AI, it's crucial to acknowledge certain risks. A notable example is the Avianca case in the United States, where a lawyer's reliance on a computer-generated legal brief led to the citation of several non-existent cases. This incident highlights a critical aspect of tools like ChatGPT: while programmed to generate original content, if tasked with locating a case involving specific issues, it may create fictitious scenarios. This underscores the importance of vigilance and verification when integrating AI into professional practices.
“Deep fakes are a real risk to the court, who must grapple with determining whether evidence submitted is truthful,” Gluckstein says, adding that while returning to the foundations of authenticating documents helps combat the risk, there’s also software to mitigate it.
The Law Society of Ontario has taken a proactive step by introducing a mandatory identity verification program aimed at combating fraud. This initiative is particularly crucial during virtual client sign-ups, where copies of driver’s licenses are thoroughly scrutinized. These identity documents undergo a rigorous verification process to authenticate the individual’s identity. Gluckstein applauds this move, expressing admiration for the Law Society's commitment to integrating such advanced technology and for mandating its adoption.
“Kudos to them for implementing this technology and making it standard practice,” he commends.
This plays into the larger challenge of lawyers standing behind what they present to the court. If you quickly submit something done by a computer program and it’s false or misleading, that’s your law license on the line, and the risk of being disbarred is real. Using programs to draft legal memos, factums, or even arguments should be viewed as on par with what you’d expect from a student or junior lawyer: a first draft to be built on.
“Those representations need to be controlled but you’re still a week or two ahead of where you would be doing it the old way, and that’s the beauty of the software,” Gluckstein says.
Another major concern about using generative AI, such as the ChatGBT search engine, is that it’s not clear where the information entered goes. As a lawyer bound to keep client information private, that loss of control could mean a breach of confidentiality and a violation of the rules – with serious consequences.
Gluckstein emphasizes the importance of due diligence when utilizing these programs, cautioning, “It’s crucial to inquire about the storage location of the content generated.”
“At this juncture, the best practice is to avoid entering any confidential information and to ensure that all fact scenarios remain hypothetical as this approach helps mitigate potential risks associated with data security and confidentiality.”
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Valid concerns do exist
Valid concerns do exist
Passionate about technology
Valid concerns do exist
Published Feb 12, 2024
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“Generative AI is on an upward trajectory, with its capabilities continually enhancing. In time, we anticipate the development of ‘truth versus creativity’ settings to more effectively manage associated risks,” Gluckstein reflects.
He acknowledges that these challenges are inherent in the evolution of technology. “It’s not sufficient to argue that these concerns render AI unusable, especially since it's already integrated into various software systems. The focus should be on adapting and improving its use responsibly,” he asserts, emphasizing the necessity of embracing technological advancements while addressing their potential pitfalls.
“The tech giants like Google, Apple, and Amazon are at the forefront of propelling this technological wave globally. If you’re not actively keeping pace, there’s a real risk of falling behind in their wake. This year in particular is poised to be a landmark one in the realm of technology,” Gluckstein emphasizes, highlighting the urgency of staying abreast with the rapid advancements driven by these major players in the tech industry.
Accelerating at an unprecedented pace – with pundits of Futurism questioning humanity’s role once these computers reach a point of singularity, essentially surpassing human capacity – from self-driving cars and flights to the moon, to robots working alongside us, what used to be viewed as science fiction is now reality.
“We’ve arrived at the real precipice of technological advancement,” Gluckstein says. “These are fast-moving days, and a lot could change from now to next year.”
The legal profession stands to both benefit and be at risk from the powerful and ever-evolving capabilities of AI. Implementing safeguards is critical for moving forward, but Gluckstein doubles down on his optimism.
He envisions a future where AI democratizes access to justice but also streamlines the journey toward resolution, making the legal processes more efficient and rewarding.
“In the end, the client will be the winner here.”
A sci-fi future is here – or near
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Will generative AI increase efficiency?
said yes, with the belief highest among lawyers working in the large law
(94%) and corporate (88%) segments, and lowest in the government market (68%)
83%
LexisNexis survey results
Impact of generative AI on the practice of law
16%
63%
14%
8%
positive
mixed
negative
unsure
Tasks with the potential to use generative AI
61%
Researching matters
57%
Drafting documents
45%
Writing emails
40%
Document analysis
34%
Understanding
new legal
concepts
10%
None
26%
Conducting due
diligence
12%
Developing litigation strategies
3%
Other
“Generative AI is on an upward trajectory, with its capabilities continually enhancing. In time, we anticipate the development of ‘truth versus creativity’ settings to more effectively manage associated risks,” Gluckstein reflects.
He acknowledges that these challenges are inherent in the evolution of technology. “It’s not sufficient to argue that these concerns render AI unusable, especially since it's already integrated into various software systems. The focus should be on adapting and improving its use responsibly,” he asserts, emphasizing the necessity of embracing technological advancements while addressing their potential pitfalls.
“The tech giants like Google, Apple, and Amazon are at the forefront of propelling this technological wave globally. If you’re not actively keeping pace, there’s a real risk of falling behind in their wake. This year in particular is poised to be a landmark one in the realm of technology,” Gluckstein emphasizes, highlighting the urgency of staying abreast with the rapid advancements driven by these major players in the tech industry.
Accelerating at an unprecedented pace – with pundits of Futurism questioning humanity’s role once these computers reach a point of singularity, essentially surpassing human capacity – from self-driving cars and flights to the moon, to robots working alongside us, what used to be viewed as science fiction is now reality.
“We’ve arrived at the real precipice of technological advancement,” Gluckstein says. “These are fast-moving days, and a lot could change from now to next year.”
The legal profession stands to both benefit and be at risk from the powerful and ever-evolving capabilities of AI. Implementing safeguards is critical for moving forward, but Gluckstein doubles down on his optimism.
He envisions a future where AI democratizes access to justice but also streamlines the journey toward resolution, making the legal processes more efficient and rewarding.
“In the end, the client will be the winner here.”
A sci-fi future is here – or near
News
Practice Areas
Rankings
Events
Inhouse
Resources
Subscribe
Copyright © 2024 KM Business Information Canada Ltd.
Advertise
About us
Contact us
Privacy
Terms of Use
Submit your move
Canadian Lawyer subscription
Canadian Lawyer InHouse subscription
Newsletter
Digital editions
Authors
External contributors
Editorial board
RSS
News
Practice Areas
Rankings
Events
Inhouse
Resources
Subscribe
Copyright © 2024 KM Business Information Canada Ltd.
Advertise
About us
Contact us
Privacy
Terms of Use
Submit your move
Canadian Lawyer subscription
Canadian Lawyer InHouse subscription
Newsletter
Digital editions
Authors
External contributors
Editorial board
RSS
“Generative AI is on an upward trajectory, with its capabilities continually enhancing. In time, we anticipate the development of ‘truth versus creativity’ settings to more effectively manage associated risks,” Gluckstein reflects.
He acknowledges that these challenges are inherent in the evolution of technology. “It’s not sufficient to argue that these concerns render AI unusable, especially since it's already integrated into various software systems. The focus should be on adapting and improving its use responsibly,” he asserts, emphasizing the necessity of embracing technological advancements while addressing their potential pitfalls.
“The tech giants like Google, Apple, and Amazon are at the forefront of propelling this technological wave globally. If you’re not actively keeping pace, there’s a real risk of falling behind in their wake. This year in particular is poised to be a landmark one in the realm of technology,” Gluckstein emphasizes, highlighting the urgency of staying abreast with the rapid advancements driven by these major players in the tech industry.
Accelerating at an unprecedented pace – with pundits of Futurism questioning humanity’s role once these computers reach a point of singularity, essentially surpassing human capacity – from self-driving cars and flights to the moon, to robots working alongside us, what used to be viewed as science fiction is now reality.
“We’ve arrived at the real precipice of technological advancement,” Gluckstein says. “These are fast-moving days, and a lot could change from now to next year.”
The legal profession stands to both benefit and be at risk from the powerful and ever-evolving capabilities of AI. Implementing safeguards is critical for moving forward, but Gluckstein doubles down on his optimism.
He envisions a future where AI democratizes access to justice but also streamlines the journey toward resolution, making the legal processes more efficient and rewarding.
“In the end, the client will be the winner here.”
A sci-fi future is here – or near