Embracing Uncertainty In The AI Landscape

Back in my teenage years, my dad was my favorite chauffeur. And chauffeur he did, all through high school, college, and even law school. Fast forward to my wedding day, when my dad told my soon-to-be husband about his new chauffeur duties. 

Instead, my new husband urged me to get my driver’s license. After one driving lesson together, it was clear I’d need a professional instructor — to keep us safe on the road and to keep our newlywed bliss intact.

During a lesson, speeding around a curve under the blinding sun, my instructor said, “You have skills and a knack for risk. But remember, it’s best to slow down in uncertain conditions.”

That is also fantastic advice for approaching AI. Recent advancements in AI are thrilling! But in today’s rapidly changing landscape, caution is essential, especially as we are still figuring out legal policies, procedures, and best practices. 

Many questions still need to be answered. We’re not even sure we know all the right questions yet. But to make the most informed decisions now, it helps to first become comfortable with our uncertainty. Let’s look at how to embrace and navigate this inevitable aspect of the AI landscape. 

Education: The First Line Of Defense Against Uncertainty

As AI technology advances, new challenges and risks emerge. Issues regarding privacy, security, bias, and ethical implications arise. You must understand the cause-and-effect relationships of these risks to develop effective mitigation strategies. 

Stay updated on AI technology developments to navigate uncertainty. Consider these Ongoing AI Education Strategies and Resources for Lawyers. Attend conferences, read research papers, and follow industry experts and thought leaders on social media. Learn how the latest AI developments can potentially impact various industries and society as a whole. 

As you incorporate new information into your practice, you learn to better adapt to the evolving AI landscape and identify the challenges ahead. Over time, you prepare to proactively address those challenges head-on.

Focus On Policy Questions First

As AI evolves, policymakers face the challenge of creating regulations that balance the unrelenting demand for fast innovation with the necessary deference to ethical concerns such as fairness, transparency, accountability, and inclusivity.

One of the best ways to understand AI is to initially focus on the current policy questions and concerns surrounding its implementation. When you actively follow and participate in discussions around policy-making, you can personally contribute to shaping the future of responsible AI. Groups actively tracking or engaging in policy processes now include: 

• MIT Task Force on the Responsible Use of Generative AI for Law
• Center for AI and Digital Policy
• AI Now Institute

Start Small In Low-Risk Areas

Experiment with AI technologies in controlled environments and pilot projects to gain practical experience. Start small in a low-risk area to ramp up the excitement while minimizing potential negative impacts. Through this approach, you learn from your mistakes and can refine strategies before implementing them more broadly. 

Balancing Your Approach To AI

Skepticism complements open-mindedness when facing uncertainty in the AI landscape. While many race to embrace the potential benefits of AI, business leaders depend on lawyers to critically evaluate its limitations and potential risks. In maintaining a balanced approach, you can help companies make more informed decisions and avoid unquestioningly adopting inappropriate AI tools. 

While we’re all in the driver’s seat and at the starting position, let’s embrace the unknowns of AI together and explore the exciting possibilities it holds. By staying curious, informed, and adaptable, we can confidently navigate the intersection of AI and law and make the most of what AI offers.

Olga V. Mack is the VP at LexisNexis and CEO of Parley Pro, a next-generation contract management company that has pioneered online negotiation technology. Olga embraces legal innovation and had dedicated her career to improving and shaping the future of law. She is convinced that the legal profession will emerge even stronger, more resilient, and more inclusive than before by embracing technology. Olga is also an award-winning general counsel, operations professional, startup advisor, public speaker, adjunct professor, and entrepreneur. She founded the Women Serve on Boards movement that advocates for women to participate on corporate boards of Fortune 500 companies. She authored Get on Board: Earning Your Ticket to a Corporate Board Seat, Fundamentals of Smart Contract Security, and  Blockchain Value: Transforming Business Models, Society, and Communities. She is working on Visual IQ for Lawyers, her next book (ABA 2023). You can follow Olga on Twitter @olgavmack.