In Bloomberg, Anthony Davis Discusses Professional Liability Implications of Using Predictive AI Technology

August 9, 2019

Anthony Davis was recently featured in a story by Bloomberg Law reporter Roy Strom titled "The Algorithm Says You'll Win the Case. What Do You Say?" The article discusses the use of predictive artificial intelligence technology to predict which attorney is most likely to win a case and the odds of prevailing in a particular case.

While lawyers could easily find themselves in violation of lawyer marketing rules for using AI for self-promotion, Davis suggested that the duty of technological competence—under Model Rule 1.1.—may actually help spur lawyers to incorporate AI into their case assessment. "[In] terms of giving clients the best advice, part of the best advice is saying: 'Why don't we use this tool to inform the judgment we need to make?" he said, adding that sophisticated clients are likely to quickly catch on to these new predictive machine learning tools and will likely require their lawyers to use them.

Read the full article on the Blomberg Law website (subscription may be required)

"The Algorithm Says You'll Win the Case. What Do You Say?" was published by Bloomberg Law on August 5, 2019.

Davis recently published a two-part series on the duty of technological competence in his regular column in the New York Law Journal. Read Part I and Part II.

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