DKM 2024 — AI in Law Practice and Law School: Tomorrow’s Challenge or Today’s Reality?

“I have been taking CLE for 50 years and today’s class may have been the best I have ever taken,” declared one veteran attorney after the University of North Carolina School of Law’s annual Dan K. Moore Program in Ethics. “So well planned, so well executed… All of the presenters were experts in their content. Just remarkable!” 

The enthusiastic response came as no surprise. Artificial Intelligence (AI) has revolutionized legal practice. “Although we tackled AI last year, this year brought a whole new program with new speakers and new developments,” explained Professor Lissa Broome, director of the Center for Banking and Finance, and co-planner of the program with Professors Tom Hazen and Caleb Griffin. The rapidly evolving technology drew over 230 attorneys from eleven states to learn from experts already using AI in their daily work. 

“Lawyers who use these tools will replace lawyers who don’t,” warned Bill Garcia, Chief Practice Innovation Officer at Thompson Hine LLP. His stark assessment set the tone for a day focused on balancing AI’s potential with professional responsibility. 

Aaron Kirschenfeld ’15, Clinical Associate Professor of Law and Digital Initiatives Law Librarian at UNC School of Law, opened with a reality check. While demonstrating how the new Lexis Plus AI could analyze complex legal questions instantly, he shared a troubling Stanford study: leading AI platforms can be wrong up to 33% of the time. “The systems aren’t making up fake cases anymore,” he warned, “but they may mischaracterize cases or provide citations that don’t support their claims.” 

Law firms must navigate these benefits and risks carefully. Garcia shared his firm’s approach to building AI tools that analyze billing data and predict case timelines. “The tools are today the dumbest they will ever be,” he noted, suggesting firms should start exploring AI now. But he cautioned against rushing to buy expensive technology: “Sometimes a process change, or additional training might be the better solution.” 

Clients are watching these developments closely. Jennifer Venable ’96, Vice President, General Counsel, and Corporate Secretary at Capitol Broadcasting Company, voiced what many clients want to know: “Is there human oversight of the work, and is our confidential information protected?” Her company has already created specific policies for AI use. 

Law schools now face a critical challenge: preparing students for this new reality while still teaching  essential legal skills. April Dawson, Associate Dean of Technology and Innovation and Professor of Law at North Carolina Central University School of Law, described innovative approaches to teaching with AI. Professor Joe Kennedy of Carolina Law pushed further: “How do junior attorneys develop experience to become senior attorneys if AI handles the early career tasks?” The answer involves teaching students both traditional legal analysis and new technology skills— a balance that mirrors the ethical challenges practicing attorneys face. 

Those ethical considerations took center stage as Ted Claypoole, Partner at Womble Bond Dickinson, addressed everything from billing for AI-assisted work to handling deep fakes in evidence. His discussion was especially timely given the new American Bar Association Ethics Opinion on AI use and a proposed North Carolina State Bar opinion on the same topic. With 38 states now requiring technological competence, lawyers must master AI while maintaining their professional standards—exactly the skills today’s law students are learning to balance. 

The program proved AI isn’t tomorrow’s challenge, but rather today’s reality. Success requires understanding both AI’s capabilities and its proper role in legal practice. The future belongs to those who can adapt while upholding their professional responsibilities, making programs like this essential for lawyers at every stage of their careers.