The internet’s flooded with articles, webinars and value propositions from lawyers offering to guide you on the legal issues of AI, like ChatGPT. The sheer volume of information makes it exceedingly difficult to evaluate whom to rely on in lawfully designing, developing, and deploying AI. I’ve prepared this post to guide you on how to choose a lawyer to help you with AI’s legal issues. In the end, you’ll be able to make an informed decision.
Establishing trust
Finding a lawyer you trust is crucial, as you’ll work together quite a bit on your AI projects. Trust has three main elements: experience, expertise, and reputation.
Experience
Look for a lawyer who has specific experience in AI law and has worked with technology companies or startups in the past. To gauge their experience, you can ask questions like:
- What experience do you have in the field of AI law?
- Have you worked on any AI projects in the past?
- What examples can you share of legal challenges you have faced in AI projects, and how have you addressed them?
- Do you have experience working with AI experts and technical teams in legal cases involving AI?
Expertise
Ensure that the lawyer has a good understanding of the AI industry, current legal issues and regulations, and has a thorough working knowledge of the technology underpinning AI. Some questions to ask:
- What specific areas of AI law do you specialise in?
- Can you give an example of a complex AI project and how you systematically navigated the complexity?
- How do you stay up-to-date with developments in AI and its impact on the legal system?
- Can you discuss any publications or speaking engagements you have had on AI and the law?
- How do you approach ethical and privacy considerations in cases involving AI?
Another vital consideration under expertise is the lawyer’s experience with data law, as AI is a data-driven technology.
Reputation
Follow these steps to assess a lawyer’s reputation:
- Conduct online research. Search for the lawyer’s name and firm online and read reviews, articles, and case studies mentioning their AI law work.
- Check professional networks. Look for the lawyer on professional networks like LinkedIn, and see if they have any recommendations or endorsements from other lawyers or clients.
- Ask for references. Ask them for references from past clients they have represented in AI cases.
- Check their background. Investigate the lawyer’s education, certifications, and membership in AI law organisations to understand their reputation better.
- Look for media mentions. See if the lawyer has been quoted in any articles or interviews regarding AI law, and consider the reputation of the media outlets that mention them.
- Attend speaking engagements. If possible, attend any speaking engagements the lawyer may have given on AI law to gauge their knowledge and style.
- Consult with other professionals. Seek the advice of other lawyers, industry experts, or organisations specialising in AI law to get their perspectives on the lawyer’s reputation.
Clear communication
Working with a lawyer who can communicate complex legal concepts in simple terms is essential, especially if you have limited legal knowledge. So, it helps to have a lawyer specialising in plain language and legal design. For instance, when dealing with a contract related to an AI project, the lawyer needs to be able to explain complex clauses to legal, technical, and sales teams using their language and visual aids, e.g. AI disclosure clauses—clauses that compel vendors to tell their customers when they use AI to produce deliverables.
Availability
Make sure the lawyer you choose has the time and resources to provide you with the level of support and attention that you need. You don’t want a lawyer that’s going to fob you off to their support staff after they’ve signed you up as a client.
Actions you can take next
- Move towards trustworthy AI by consulting with our specialists or attending our public or private workshops.
- Determine how AI impacts your organisation by asking us for an AI risk assessment.
- Collect and acquire big data used to train AI lawfully by asking us to draft your big data contracts.
- Protect your commercial interests by asking us to draft your AI contracts.
- Stay updated with the latest AI law news by subscribing to our newsletter.
- Discover more about AI by reading our AI law page.
