In many law firms, the arrival of the generative AI tool ChatGPT in late 2022 sparked internal discussions about how this new technology could affect the practice of law. These talks intensified in 2023 as some law firms announced they were testing generative AI tools capable of creating original content.
"We're committed to being at the forefront of technology to the extent we can be," Jason A. Leckerman, chair of Ballard Spahr's litigation department, told Law360 Pulse.
Internal conversations about AI at Ballard Spahr continued long before the firm's merger plan with Lane Powell PC, announced last week.
In February 2023, Leckerman was introduced through an associate at the firm to the startup TLATech Inc., which operates the generative AI-powered litigation platform Syllo.
During those initial conversations with the startup, Leckerman was curious about how the tool compared to ChatGPT and other platforms in the market. Specifically, the firm was concerned about using and protecting confidential information in the tool.
Generative AI comes with considerable privacy risks because confidential information that enters these tools can be stored and potentially leaked if safeguards are not used.
According to recent surveys, a quarter of organizations have banned these tools because of privacy risks, and over 40% of legal professionals not using these tools called out privacy as a concern.
Leckerman's fears were put to rest when the team from Syllo told him that the platform uses separate workspaces for each matter that controls data. The firm retains complete control over information and how it is used across workspaces.
After about a year of seeing demonstrations of the technology, Ballard Spahr officially adopted the platform in March 2024.
Why Turn to a Startup?
Entrusting a new legal technology startup to help with litigation — especially given the concerns associated with generative AI — might seem risky, but the firm felt comfortable with Syllo after months of evaluating the platform's security and capabilities.
Leckerman said that how the startup responded quickly to requests and customized the tool made the firm more comfortable in choosing them.
"Because this is such a new area, I really felt that we needed someone with whom we had a personal relationship, which I had developed over that year," Leckerman said.
Syllo also interacted with Ballard Spahr's clients, who Leckerman said were also cautious about the use of AI in litigation. Syllo customized presentations for the firm's clients about how the data will be used and protected.
"There are a number of clients that are interested in leveraging an AI tool for litigation," Leckerman said. "They recognize not only that it will create efficiencies, but it will make their lawyers better."
Ballard Spahr is also evaluating other AI tools, although Leckerman declined to name them. One reason Syllo stood out for Ballard Spahr is that it is litigation-focused whereas other tools tend to cover multiple uses in law firms.
After adopting the new tool in March, Ballard Spahr identified clients who might be interested in using AI on their matters and litigators who were comfortable with the technology. Ballard Spahr declined to name the clients whose matters were used for the tool.
The first notable matter that Ballard Spahr used the new technology for was to help gather information for responses to interrogatories. Leckerman said this task was chosen because the tool could be used to distill and analyze information.
"It wasn't that it would save us or our clients lots of money," Leckerman said. "It was more that this was going to make us better at what we did."
It turned out that using the tool for this matter resulted in 20 fewer hours worked, which Leckerman said is worth significant savings for the client.
The litigation department rolled out the tool to other matters.
In another instance, the firm used the tool to review and analyze about 20,000 documents in a case to identify potential deficiencies in the opposing side's production. Leckerman said this would normally require a lot of manual work, but the firm was able to quickly spot deficiencies.
"You could do it within the hours as opposed to within days or weeks," Leckerman said.
Leckerman added that the technology was also quite accurate and fast.
"The earlier we learn what the key documents are or the key documents that are missing, the earlier we can deal with those," Leckerman said. "Sometimes when you're litigating a case, time is of the essence."
What's Next
Ballard Spahr is currently just using the tool for litigation, with about 10 percent of the firm's 250-attorney litigation department having already tried the tool.
Members of the firm's litigation team meet with Syllo every other week to talk about things accomplished and what how Ballard Spahr can use the tool for new matters.
The firm is eyeing case management as a future use case, specifically for clients who come to the firm for similar matters that were already used on the tool. There are also plans to explore document generation in the future.
While some law firms are exploring these tools, few use them on live client matters right now.
"I think you've got to begin sooner rather than later," Leckerman said. "The technology's evolving so quickly that your litigators have to learn about it now in order for you to not be behind."
Correction: A previous version of this article misstated the number of litigation attorneys in the firm. The error has been corrected.
For a reprint of this article, please contact reprints@law360.com.
