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Prioritizing Security Across New Forms of AI

As legal professionals increasingly integrate emerging artificial intelligence (AI) models into their practice, ensuring AI security in the legal industry has become a paramount concern. This is especially true for Large Language Models (LLMs) because of the potentially sensitive client information and privileged data that must remain confidential to maintain client trust and comply with legal and ethical requirements.

At First Legal, we are committed to implementing the highest security measures to safeguard our clients’ data. Robust data protection measures are critical to preventing unauthorized access and the misuse of sensitive information, which could lead to significant legal and reputational consequences. We understand the necessity of tailoring our approach to different AI tools, ensuring both efficiency and security.

What are Large Language Models (LLMs)?

LLMs are generative AI models that are trained on vast amounts of text, enabling them to understand existing content and generate original content. These models, such as ChatGPT, are designed to adapt and improve over time as they are exposed to more information. LLMs can be customized to meet various industries’ specific needs, making them particularly useful in the realm of legal support.

How LLMs are Used in the Legal Industry

When supervised by humans and meticulously trained, AI models like LLMs can significantly enhance legal operations by:

  • Streamlining routine tasks, such as document review
  • Providing more efficient and accurate data analysis in case management programs and transcription summaries
  • Enhancing predictive coding in eDiscovery

LLMs Concerns in the Legal Industry

Despite their numerous benefits, LLMs’ use by legal professionals presents significant potential issues. These concerns highlight the need for a cautious and well-informed approach to integrating LLMs into legal practice, balancing innovation with the highest standards of data protection and professional integrity.

First and foremost is the protection of client privacy and privileged information. Legal professionals handle highly sensitive data, and it is imperative to ensure that this information remains confidential. Any breach of confidentiality could not only damage client trust but also result in severe legal repercussions.

Another crucial concern is the balance between human oversight and machine assistance. As AI becomes more integrated into legal processes, legal professionals must develop the skills required to work effectively with these technologies. It is essential to verify the results produced by AI rather than accepting them blindly, as the accuracy and reliability of AI outputs must be carefully scrutinized to avoid errors that could impact legal outcomes.

Lastly, tracing the data sources used by generative AI models poses a significant challenge. Understanding the origins of the data that AI models rely on is critical to ensuring the accuracy and legitimacy of their outputs. Without clear traceability, there is a risk of relying on information that may not be reliable or appropriate for legal use.

LLMs and Security

Certain LLMs are designed with inherent security features. For example, some do not use prompts for future training, meaning the information provided during requests is not saved. Companies like OpenAI (ChatGPT), Microsoft, and Anthropic offer commercial licenses with assurances that prompts will not be used to train their AI models.

As the industry shifts from general AI models to those trained on specific legal materials, concerns about data sources will diminish. Before engaging with any LLM vendor, firewalls and other security controls should be evaluated. When choosing LLM vendors, their cybersecurity posture should be evaluated with a third-party vendor screening process as directed by industry-standard frameworks such as:

  • SOC2
  • NIST CSF2
  • ISO 27001/2

While there have been notable and embarrassing instances of attorneys using AI models like ChatGPT in legal briefs only to discover fabricated cases, generative AI still holds significant potential for the legal industry. It can be used securely with the right measures in place.

At First Legal, we continuously develop our expertise in the latest AI tools, verify their security, and leverage their advantages for our clients. To learn more about how we can help, please contact us.

If you have questions on any of our services, please don't hesitate to get in touch with us.

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