Jason Primuth, chief innovation officer at litigation support services company Lexitas, told Law360 Pulse in a recent interview that he has seen over the last two decades paralegals be the pioneers of adopting new technologies and law firms value paralegals for that expertise.
"Taking the lead and providing expertise and leadership in this kind of technology, it really provides a lot of job security and provides a really stable career path for [paralegals] because they're experts on using and taking full advantage of this technology," he said.
Sheila Grela, an experienced paralegal at Buchalter PC, said that AI can't replace a sharp paralegal because the technology doesn't understand what is needed to achieve the desired outcome in a case.
On the other hand, a seasoned paralegal can suggest a solution to an attorney that achieves a desirable outcome in a case based on their experiences, she said.
Grela said, for example, she worked with an attorney years ago on a legal malpractice case and suggested striking a tolling agreement with the insurance company for a client based on her previous experience working with an experienced legal malpractice lawyer. She said that was a practical piece of advice the attorney wouldn't have gotten from an AI legal research database.
"AI will not be excusing paralegals from the process. Attorneys will not be able to say: 'I don't need a paralegal. I can use AI.' That will not be happening," she said.
Cultivate AI Expertise
Legal tech experts recommend that in order to embrace AI, paralegals build their expertise about the technology.
Primuth said that paralegals can build their expertise in AI by attending continuing legal education webinars offered by him and other companies.
While learning about AI, paralegals should also learn how to disclose the use of the technology to keep the attorneys they work with out of trouble, according to Mary Mack, CEO and chief legal technologist at e-discovery resource organization EDRM.
"Paralegal work product will be relied upon by the attorneys that they're serving, and so if the attorney doesn't know they've used AI, then if they have an obligation to disclose, they won't be able to disclose it because they won't know," Mack said.
Determine Where AI Can Be Used
After learning about AI, paralegals can examine their own jobs and how to use the technology in them, according to Mack.
Mack said that figuring out how to deploy AI in their jobs will help paralegals stay ahead of the technology that could potentially replace them.
"Learning about the AI and what's possible in the AI will give the paralegal the foundational background to look at the paralegal's own activities and the activities of the firm in the light of what's possible now with AI," she said.
Grela said that paralegals should evaluate their work tasks to determine where AI can and can't be used in their jobs.
AI can send an automated email, but the technology can't interview a client and spot what might be missing from their responses that's needed for litigation, according to Grela.
"Paralegal skills are generally the ability to look at something not only to see what is important, but what might be missing, what we need to consider for the next steps, and all of the other possibilities of items related to facts, documents and witnesses that could not possibly be in the AI system," Grela said.
Develop "Durable Skills"
In addition, paralegals should cultivate "durable skills" — the more human skills involved in legal practice, Mack said.
Durable skills include leadership, management, creativity, critical thinking, communication, empathy and active listening, according to education nonprofit America Succeeds.
A 2021 report by America Succeeds found that 67% of legal job postings requested at least one durable skill and 46% of legal job postings sought at least two durable skills.
"The reliance on tech is going to cause people to need to have people whose skills are honed for these durable skills," Grela said.
--Editing by Robert Rudinger.
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