April 22, 2024
By: Anastas Shkurti

The age of generative artificial intelligence (GAI) is upon us. All major tech companies have entered the arena, and countless vendors are vying to build their own platforms. Every business and their tool chests are uniquely suited for training GAI large language models. Everyone can now access some form of GAI. Many businesses are also building their own closed GAI systems. The ability to leverage GAI offerings customers’ benefit will determine the long-term viability of a business.

While GAI has existed in various forms for decades, its interaction with the public at large is fairly recent. Market pressures have forced neck-breaking development speeds, which invariably lead to incomplete GAI models. Private GAI platforms by established providers may be less prone to errors. Yet, all models rely on the databases upon which they are built, and the detailed prompts used to generate the responses. Businesses should look forward to a new symbiotic relationship with their IT providers who will take a key role in building their GAI ecosystem and train staff in ‘prompt engineering’.

To reduce errors, GAI platforms are trained using detailed prompts and extensive databases. To accurately answer a query, one needs to be as specific as possible. However, attorneys specifically have strict professional rules and obligations not to disclose their clients’ confidential and privileged information. Before utilizing GAI in ways that use real case facts or information, lawyers must ensure that such information will stay within the firm’s control and will not be accessed by other third parties, including the platform’s developer to improve the underlying GAI platform. Otherwise, an attorney may inadvertently waive privileges such as attorney-client or work product doctrine.

These concerns barely scratch the surface of Generative Artificial Intelligence applications in daily work. When such new sweeping technology goes mainstream, the early ride is bumpy, and the learning curve is steep. Those businesses that have the patience and the will to travel the transformative realm of GAI will adapt sooner to the new normal and deliver greater value to their customers.