Navigating AI Mistrust in Legal Services: Balancing Innovation and Client Confidence
Introduction
It’s no secret that I am enamored by GenAI. I am an AI positivist and might even go so far as to say evangelist. I use GenAI every day, for all sorts of things. There is so much hype around lawyers using GenAI right now. But how do our clients feel about it? I imagine them being thrilled at lower fees and faster turnaround times. But is that accurate? Perhaps not.
The AI Mistrust Phenomenon
As GenAI becomes ever more accessible and pervasive, a recent research paper has unveiled a surprising trend: consumers are increasingly wary of products and services that explicitly mention AI involvement. A study published in the June 2024 edition of the Journal of Hospitality and Marketing Management revealed a consistent pattern of reduced purchase intent when AI was mentioned in product descriptions, regardless of the item's technological complexity.
Professor Dogan Gursoy of Washington State University, who led the study, noted, "In every single case, the intention to buy or use the product or service was significantly lower whenever we mentioned AI in the product description." This aversion spanned various sectors, from everyday items like vacuum cleaners to more advanced technologies such as self-driving cars.
Importantly, the study's methodology highlighted that "AI" was the problematic term. When presented with identical products labeled either as "high tech" or as using "AI/artificial intelligence," consumers across different age groups consistently favored the "high tech" option over the one labeled as AI.
Understanding the Roots of Mistrust
The paradox here is striking. AI has been enhancing our lives for decades, from improving smartphone functionality to optimizing public transportation and healthcare. So why the sudden apprehension?
The study's authors attribute this mistrust to several factors:
Historical missteps in AI technology development and implementation
Premature introduction of AI technologies
Lack of understanding about algorithmic functions
Concerns over data collection and usage transparency
Specific incidents, such as inaccuracies in facial recognition software and problems with AI-assisted medical diagnoses, have further eroded public confidence. As humans, we tend to fear what we don't understand or can't control, making this reaction understandable, if not ideal.
And although this was not in the study, I would add that an additional cause of consumer wariness is that AI has been overhyped. Remember my article about the Gartner Hype Cycle? Traditionally every new technology is met with a great deal of excitement. No one wants to be left out of “the next big thing. But now that GenAI has been around for more than a year, I think we’re on the cusp of our transition from the Peak of Inflated Expectations, into the Trough of Disillusionment. While GenAI might create an image for us, it does not scrub the toilet or wash the dishes for it. AI enthusists might be questioning why we’re delegating some of the enjoyable projects to GenAI, while we are still responsible for basic responsibilities.
Implications for Legal Services
While the study focused on consumer products, its findings hold valuable lessons for legal professionals. As we integrate AI tools into our practice, we must be mindful of potential client concerns. The key issues of transparency and trust are just as relevant in legal services as they are in consumer goods.
Legal clients, from individuals involved in small claims to multinational corporations, share a common need: the assurance that their interests and information are protected. Our ethical and legal obligations to maintain client confidentiality and protect client interests must remain paramount, regardless of the tools we use.
Building Client Trust in AI-Enhanced Legal Services
To address these concerns and maintain client confidence, legal professionals should consider the following strategies:
Transparency: Be open about your use of AI tools. Explain how and why you're using them, and how they benefit the client. If you need help with that, check out this article. And here is why you need to talk to your clients about GenAI as soon as possible.
Vetting Process: Inform clients about your process for selecting and validating AI tools. This demonstrates your commitment to using only reliable, secure technologies.
Data Security: Reassure clients that their confidential information remains as secure as ever. Detail the measures you've taken to protect their data when using AI tools.
Human Oversight: Emphasize that AI is an assistant, not a replacement. Assure clients that you personally review all AI-generated output.
Education: Help clients understand the benefits and limitations of AI in legal practice. This can alleviate fears stemming from misconceptions.
Personalized Service: Reinforce the human element of your practice. Clients want to feel heard and understood, which AI alone cannot provide. The human element that you add is invaluable.
Looking Ahead
As AI continues to evolve, so too will client perceptions. By prioritizing transparency, security, and the irreplaceable human elements of legal practice, we can harness the power of AI while maintaining and even enhancing client trust.
The future of legal services lies not in choosing between human expertise and AI capabilities, but in thoughtfully combining both to provide superior service. Keep your focus on your core professional values: protecting your clients' interests and upholding the highest standards of legal practice.
By embracing AI responsibly and communicating effectively with our clients, we can turn potential mistrust into an opportunity to demonstrate our commitment to innovation, efficiency, and fierce, unwavering client service.
NOTE -- nothing in this article is to be construed as legal advice. This article is for informational purposes only, and consists purely of the author's personal opinion. If you have legal questions or concerns, contact a legal professional as soon as possible.