The Risks, Impacts, and Opportunities of Using AI and Large Language Models (LLMS) in Law Firm Communications

Artificial Intelligence (AI) and Large Language Models (LLMs) are buzzworthy topics in the world of marketing and business right now; despite the hype and trends surrounding these topics, the truth is AI is here to stay. To get ahead of the curve and to learn more about the ways that legal marketers can amplify their communications and PR strategies through AI, Cubicle Fugitive’s Communications Strategists attended the Legal Marketing Association (LMA) Webinar, AI for Communications and PR: What You Need to Know Now.

The panel was a part of the LMA’s Beyond Borders series and was presented by the Mid-Atlantic and Northeast Regions, featuring speakers Micah U. Buchdahl, President of HTMLawyers Inc.; John Hellerman, President of Hellerman Communications; Elisabeth Hershman, an attorney who heads the iQ360 office in New York; Andrew Medeiros, Director of Innovation at Troutman Pepper; and Susan Peters, who runs Greybridge PR.

The Basics of AI and LLMs.

Before we jump into the insights shared by the panelists, let’s get the basics out of the way.

What is AI?

AI, meaning Artificial Intelligence, is the technology used in machines or computer programs that allow our devices to perform functions related to human intelligence, such as reading, writing, learning, interacting, and analyzing.

What is a Large Language Model (LLM)?

A Large Language Model (LLM) is a type of AI that enables a computer program to review, analyze, and generate human language text.

Should AI and LLMs matter to law firms?

AI and LLMs are changing the nature of how firms conduct business and the products they sell. It is slowly integrating itself into the daily lives of the professionals who work in various areas at your firm. Regardless of your stance on the matter, to deliver quality service and mitigate any potential issues that can arise through the use of these platforms, having a clear set of plans and governing actions related to AI is essential for firms as we move into this new age in business operations.

Legal Industry Considerations.

Each panelist brought a distinct perspective regarding the use of AI by law firms for communications and PR. Our strategists highlighted some of the most important takeaways they received from the session.

The Operational and Ethical Risks

Using AI and LLMs can save people time; however, there are several concerns and dangers associated with the use of AI in professional services.

Court Opinion:

For legal service providers, it is important to be aware that many courts and legal bodies discourage using AI and LLMs in professional conduct, even when used for marketing purposes. Depending on your jurisdiction, it is important you do your research to determine how AI and LLMs can and should be used in your day-to-day operations.

Law societies and courts across Canada and the USA are currently working to establish guidelines related to AI use, and new guidelines are released every day. Recently, the Federal Court of Canada¹, State Bar of New Jersey², State Bar of Michigan³ and State Bar of Florida⁴ have released AI policies and information.

Deep Fakes and Hallucinations:

One of the reasons courts are concerned about the use of AI is due to its ability to make up case law, plagiarize, create duplicative content, and provide inaccurate or untruthful information. For any firm looking to incorporate AI into its marketing or business development activities, this is a crucial element to be aware of and take steps to mitigate.

Compliance:

AI can increase the likelihood that a piece of content can “cross the line” regarding ethical issues; for example, an article or piece of content may misconstrue a lawyer or firm’s authorization to practice in certain jurisdictions. It is important that a lawyer review each article and case study released by marketing or communications professionals to ensure compliance with applicable laws and regulations set forth by governing bodies in your area.

Chat Boxes:

AI-generated chat boxes can leave companies and firms liable to lawsuits and legal action should someone be provided with inaccurate information. Although the use of chat boxes is a real opportunity that AI presents, it is also a potential area of liability that firms must navigate with caution. In Canada, this challenge was highlighted by a recent legal claim against Air Canada regarding chatbot misinformation.

Impact on Business Models and Associate Training

As AI increasingly automates key areas of legal practice, firms may need to adapt how they communicate with and train younger associates. For instance, while AI can drastically reduce the time spent on tedious and time-consuming work, thereby increasing an Associate’s output, this could translate into a decrease in billable hours. AI could also make the services firms offer more affordable, possibly leading to greater interest in legal services for those who maybe couldn’t afford them before, dramatically changing who and how law firms practice and market themselves. These are all major business considerations that firms need to consider as AI becomes more advanced.

Disclosure and AI Policies

A discussion point that stood out to our strategists was the need for disclosures and clear AI policies for marketing materials. Disclosures are no stranger to legal marketers; whether it’s a blog that cannot constitute legal advice or a photograph that is a dramatization of a lawyer, most marketers are familiar with the practice of including disclosures on key marketing materials. Within this same vein, there is an increasing need for firms and their marketing teams to consider whether disclosing AI-generated content is necessary.

Uses and Strategies

There were two ways that panelists discussed using or incorporating AI into your firm’s marketing initiatives and strategies:

Content

AI can take one piece of content and derive numerous other pieces of content, such as summaries, social media posts, scripts, etc. It can also assist with editing, linking, testing, and other important elements for any content piece, which saves time. Utilizing AI to streamline your content creation efforts can be a game changer for busy marketing practitioners.

SEO Strategies

AI and LLMs provide you with the hits and general summary of information found on search engines, such as Google. This saves people (especially busy professionals) time from exploring pages and pages of Search Engine Results to find their desired information.

From a marketing perspective, this makes SEO even more relevant, as firms that appear higher in search rankings are more likely to have their information included in an AI-generative search. However, the panelists pointed out that the use of AI for search raises a good question: how do you optimize content for an AI search? This question may become more prevalent as AI use is integrated into user habits.

Firm-Created AI Tools

Panelists also discussed the potential for firms to develop their own AI systems and even advanced chat boxes to support not only business development professionals but also lawyers and staff. This would ideally be hosted on its own server and provide the firm with a controlled version of AI that can be utilized securely for various areas of the firm.

Cubicle Fugitive’s Recommendations

The panel discussion raised many key points for firms to consider as they implement AI tools and processes into their day-to-day activities; however, for many firms, using AI is still in its infancy. To help your firm begin using AI more effectively for communications, we recommend you do the following:

1. Use clear prompts: The clearer and more direct your prompts are, the better results you will get.
   
2. Provide the information you want used for the LLM: To try and mitigate the potential for deep fakes, we always recommend you give the LLM information you want included in your content; don’t let it simply source the information. This way, you have vetted the information and can evaluate if the response is inaccurate, untrue, or misrepresents important information.
   
3. Never use an LLM for confidential information: Unless it is a proprietary piece of software held on a private server, LLM’s information becomes part of the public domain. In this case, it is best to devise firm policies and best practices that keep confidential information confidential.
4. Review: Always fact-check to ensure the content you receive back from an LLM is accurate and relevant; if not, edit or rewrite as necessary. We also recommend that you review to ensure nothing has been misconstrued or altered in a way that changes its meaning.
5. Prioritize “human” elements: Although AI has come a long way, it is still apparent when something is 100% generated using AI, as it often lacks the human tone of voice, uses certain words and phrases that are a dead giveaway for an AI system, or fails to capture the brand voice. Remember, AI functions and LLMs cannot yet reason, so you need to provide the “human” element to your piece of content.

Need help integrating AI and LLMs into your communications strategies?

Are you struggling to understand the strategy behind your business operations and marketing? Look no further than Cubicle Fugitive. Our team of experts can help guide you through the complexities of strategic planning, communications strategy, and copywriting. We understand the importance of AI in today’s marketing landscape and can help you leverage its power to drive growth and success. Contact us today to learn more and take your business to the next level.