Lexpert magazine features articles and columns on developments in legal practice management, deals and lawsuits of interest in Canada, the law and business issues of interest to legal professionals and businesses that purchase legal services.
Issue link: https://digital.carswellmedia.com/i/1541334
www.lexpert.ca 13 division, which builds bespoke AI models to expedite review in complex investigations and litigation matters. "This enables lawyers to focus on tasks requiring human judgment, and that really adds value for clients." Goldenberg also notes AI's role in discovery and document review, from identifying key documents and building chronologies to generating outlines for witness examinations and agreed state- ments of fact. He says combining AI tools with legal expertise and oversight allows for the rapid analysis of vast data sources, and projects that previously took months are now completed in a fraction of the time. Goldenberg says McCarthy Tétrault uses a combination of off-the-shelf and propri- etary AI systems, all tailored to strict confi- dentiality and privilege standards, with most tools operating on the firm's servers rather than the cloud. Goldenberg warns, "You should never, as a lawyer, be sharing confi- dential information with a public website." Human oversight is essential, Goldenberg says. "AI is not, and will not, replace the role of human lawyers and decision-makers in ADR processes." Decision-making and responsibility must remain with humans. He also observes that courts and arbi- tral institutions are establishing AI policies, requiring disclosure when AI is used, and that case law has begun imposing sanctions for the improper use of AI. While lawyers continue to rely on court decisions and case law, Goldenberg sees AI assisting in outcome prediction, especially in specialized areas like tax or immigration. He believes AI will make lawyers better researchers and writers and foresees a shift toward value-based billing. Mike Mestinsek, head of the advocacy group in the Calgary office of Stikeman Elliott LLP, echoes the transformative potential of AI in dispute resolution. He notes that what began as a crude tool for e-discovery has evolved into a depend- able necessity. "It's just a reality now," Mestinsek says. AI now efficiently manages document produc- tion with safeguards like quality-control sampling and clawback provisions to miti- gate errors. Client demand is also driving the adop- tion of AI as an efficiency and potential cost-saving tool. Clients "are not going to pay for old models of work if they feel AI can do the job faster and just as thoroughly, or even better," he observes. Mestinsek notes that even traditionally cautious firms are accelerating implementation to meet client expectations. Firms are responding by creating secure, closed AI environments to protect client information. "You can't just jump on ChatGPT," he cautions. Mestinsek describes the profes- sion's current approach as controlled experimentation, with larger firms building proprietary platforms and smaller firms relying on vetted third-party software. Mestinsek emphasizes that while AI has transformed repetitive legal work, it cannot replace decision-making, which remains the lawyer's most valuable skill. "AI can give you data and analytics, but it's no substitute "They (clients) are not going to pay for old models of work if they feel AI can do the job faster and just as thoroughly, or even better" Mike Mestinsek STIKEMAN ELLIOTT LLP