Over the past decade or so, evolving expertise has irreversibly modified the way in which we do enterprise in all sectors—and, certainly, life usually. The downstream information implications have flooded legislation companies with a brand new and heavy accountability: to discern the reality not simply from witnesses and bodily proof, however from huge troves of digital data that should be sifted by way of, collected, analyzed, shared, and introduced as shortly, affordably, precisely, and securely as potential.
As you understand, it’s … type of so much.
And whereas the litigation, M&A, compliance, investigations, and different authorized groups tasked with this accountability have definitely employed on the technical experience they should get their arms round all that information in essentially the most environment friendly approach they’ll—it’s secure to say that the authorized career seems completely different than it did simply a few a long time in the past.
Bennett Borden, accomplice and chief information scientist at DLA Piper, has grown his profession throughout this formative time and is well-known for each his abilities in and pleasure for embracing expertise within the trendy observe of legislation.
After turning into one of many first-ever chief information scientists at a legislation agency again in 2015 and rising with a number of companies since then, Bennett has clearly developed a deep effectively of technical experience in subjects starting from information governance to synthetic intelligence. A 2024 AI Visionary, Bennett’s present position at DLA Piper entails advising each purchasers and colleagues within the accountable, efficient software of AI to authorized work of many varieties. And he’s extremely useful to many of us in that position.
At the moment, following his recognition as an AI Visionary, we’re excited to share a few of his insights with all of you.
Technologist, Lawyer, Fact-Seeker
Bennett wasn’t all the time an lawyer. His skilled life received its begin on the Central Intelligence Company, the place the mission of his profession—“a need to make use of information to get to the reality, to get insights out of information into humanity, and to make use of these insights for good”—started.
“My pursuits have all the time been centered on attending to the reality in order that good might be completed. I began my profession within the US intelligence service, the place we used machine studying and information analytics to determine traits of curiosity, predict the place these traits had been going, and to affect them for US pursuits. This engrained in me an appreciation that many of the information now we have is a mirrored image of human thought and conduct,” he informed us.
These early insights into the wealth of information humanity was starting to pile up sparked a deep appreciation for digital data and the numerous truths it may well inform, if solely we all know find out how to discover them.
“The information now we have is the best sociological file of humanity since now we have been a species. The insights we are able to acquire about humanity and society from this information are staggeringly immense. These insights can be utilized to advance healthcare, schooling, public coverage, commerce, authorities methods, and rather more,” Bennett mentioned. “I went to legislation college to deliver my expertise with utilizing AI and machine studying to the observe of legislation. With the info now we have out there to us, attending to the reality of what occurred and why in any case is just a lot simpler—if you understand how to leverage it.”
At DLA Piper, Bennett says his job is twofold: client-facing and firm-facing. He advises purchasers on the secure and efficient use of AI for his or her authorized issues, and assists within the illustration of many firms constructing generative AI. For his colleagues, he helps weave AI into their on a regular basis practices to enhance the agency’s choices and differentiate with deep experience on this rising topic.
“Generative AI, particularly, has the potential to tremendously disrupt how legal professionals at the moment create their services. This disruption is usually a superb factor, creating new alternatives to enhance effectivity, accuracy, and the power to do issues we haven’t been capable of do earlier than,” Bennett famous.
Pursuing these alternatives is amongst his chief tasks, and Bennett says he’s terribly happy with the workforce he’s constructed and the work they’ve completed in that pursuit.
However the proudest accomplishments of his profession typically come from his professional bono work.
“I come from very humble roots, even dwelling homeless for a while as a young person. This gave me a eager perspective on equity, justice, and the way ‘the system’ impacts people and households. This has pushed me to interact in vital circumstances in opposition to public entities, particularly police departments, for violations of constitutional rights,” he defined. “Our work, teaming up with a number of nationwide and worldwide civil rights organizations, has resulted in settlement agreements and consent decrees which have tremendously improved constitutional practices in a number of cities.”
Monitoring the Meteoric Rise of Generative AI within the Legislation—And The place It May Take Us
Of all of the improvements which have influenced this subject over his profession, generative AI has the promise of being essentially the most influential. And never simply within the context of the observe of legislation.
“Generative AI is essentially the most transformative expertise since electrical energy, and its capabilities are rising nearly every day. As with all transformative expertise, it creates the potential for large enhancements in nearly each a part of our society. However it can even be extremely disruptive. Not all disruption is dangerous; disruption of the way in which issues are all the time creates alternatives for brand spanking new capabilities to be utilized to age-old issues,” Bennett mentioned.
“However the disruption might be extreme, particularly to our authorized and jurisprudence techniques. We will do issues we merely haven’t been capable of do earlier than, and meaning we’ll want new legal guidelines and rules to take care of these conditions,” he continued. “Entities that perceive the transformative energy of generative AI and make the most of it can tremendously outperform firms which might be hesitant and spend an excessive amount of time defending the methods which have been profitable up to now.”
The tangible pleasure that so many professionals really feel about giving generative AI a strive is promising, nevertheless it additionally requires temperance and considerate software to make sure the safety and success of consumer information and authorized outcomes.
And that’s simply on the technical workflow aspect. On an expert degree, success on this realm might imply altering some elements of this trade proper at its basis.
“The authorized trade might be fully remade within the coming years. By our estimation, about 80 p.c of the work legal professionals do as we speak might be higher completed by AI, or no less than immensely augmented by it. It will require legislation companies to ask basic questions like: What’s quintessentially human about being a lawyer? How can we create and cost for our services?” Bennett posited. “It’s more and more uncommon that the worth of a authorized services or products is finest calculated by the point a lawyer spends creating it (the notorious billable hour). Understanding find out how to correctly mix the strengths of AI and human authorized acumen is the foundational query of the approaching few years.”
Bennett expects one consequence right here might be “an immense leveling and democratizing impact on the observe of legislation.”
“Not will Massive Legislation have the ability to outperform smaller companies merely as a result of it may well throw our bodies at an issue. Smaller companies, particularly plaintiff companies, will probably make the most of this levelling impact first as a result of they’ve a better incentive to,” he mentioned. “Probably the most necessary elements of my tasks is utilizing generative AI to reinforce and prolong the capabilities of the agency, to make the most of the disruption to outperform the competitors. Corporations that don’t make this their prime precedence don’t have any probability of competing with those who do.”
The Secret Behind How Attorneys Can Apply Generative AI
Whereas this race to embrace generative AI sounds intimidating, Bennett informed us that it doesn’t must be as overwhelming because it sounds.
“The key behind generative AI is that you just don’t want a technical background to make use of it and even implement it at your group. In contrast to classical AI fashions that require writing code to construct and use, generative AI is level and shoot, in most functions,” he defined. “Acquiring and implementing API entry to a generative AI mannequin and pointing it at your information is a quite simple course of and creates large alternatives for inventive use circumstances.”
And if that also sounds a bit murky, the excellent news is that there’s no have to dive in on their lonesome.
“Some organizations don’t have even the minimal technical experience to do that, and that’s the place partnering with an organization to assist might be important. At this early stage, the large expertise firms who additionally present API entry to those generative AI techniques are probably the only option for many firms. Gaining API entry by way of Microsoft, Amazon, or Google will permit organizations to additionally get consulting providers from these firms. There are additionally choices for utilizing a third-party to assist,” he mentioned.
At DLA Piper, paving the way in which for purchasers to get comfy with such a partnership is a key technique for advancing using generative AI as an effectivity lever.
“One of many main elements of our observe is our AI Innovation Workforce, who assist our purchasers implement generative AI, typically, but additionally to construct bespoke options primarily based on the expertise,” he mentioned.
And as you select who to work with, being discerning is essential: “When utilizing third-party consultants, it’s necessary to vet them effectively and study what they’ve completed earlier than. And, in fact, have good contract phrases in place that clearly outline roles, tasks, and legal responsibility if issues don’t go in accordance with plan. Everybody appears to be claiming to be an AI knowledgeable, however solely a few of us have been doing this for a few years.”
After the technical how-tos are addressed, the remaining query for legal professionals who need to deliver generative AI on board is: “how can I get my purchasers on board with it?”
Bennett has some recommendation on that, too.
“Shoppers are largely involved with the unknown elements of AI. It appears magical and mysterious, and most enterprise leaders don’t have a private understanding of it,” he mentioned. “By speaking by way of the way it works, what it may well and may’t do, and one of the best methods to manage its dangers, we may also help enterprise leaders resolve how and the place to make use of it.”
It is a central a part of his workforce’s method to their client-facing work.
“By eradicating the thriller, it permits our purchasers to consider the advantages and steadiness it correctly with its dangers, to suit their circumstances and danger urge for food.”
Finally, Bennett says, “my curiosity in AI relies on my curiosity in reality. AI essentially will get to a solution extra precisely, pretty, and effectively than people can do, if completed correctly.”
Any good lawyer or businessperson ought to have the ability to see the profit in that.