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“Technology advances faster than the law and we need to have clearer rules.”

News
July 15, 2024
Gabriel Sánchez

Gabriel Sánchez, partner of Posse Herrera Ruiz, in addition to pointing out the competitive advantages that the implementation of new technologies brings, highlighted that legislation in Colombia fails to keep pace 

Although artificial intelligence and digitalization have brought a radical transformation in the field of legal practice, facilitating the optimization of processes and improving the efficiency and accessibility of legal services, important legal gaps persist, which require developing and implementing clear and robust mechanisms that ensure the veracity and reliability of the information managed and distributed through these emerging technologies. 

Gabriel Sánchez, partner at Posse Herrera Ruiz, in addition to pointing out the competitive advantages that the implementation of new technologies brings, highlighted that legislation in Colombia, like in many other regions of the world, frequently fails to keep up with the accelerated pace of innovations. technological. This mismatch between technological advancement and regulatory updating, according to Sánchez, presents numerous challenges and risks, especially in the context of legal practice. 

How does technology influence legal services? The implementation of case management software, digitized legal databases, videoconferencing platforms, electronic signatures and, mainly, generative AI, have optimized processes, making them more efficient and accessible. Digitization allows lawyers to handle large volumes of information more effectively and provide faster and more accurate service to clients. 

JOSÉ ALEJANDRO TORRES, POSSE HERRERA RUIZ PARTNER “The rapid evolution of AI is leaving current legal frameworks behind, creating gaps in areas such as intellectual property, competition, data protection and cybersecurity”. 

technologyadvances-fasterthan-the-law-and-we-need-to-have-clearer-rules

The most influential technologies in legal practice today include generative artificial intelligence, Legal Project Management systems, case management software, digital legal databases and online legal services. 

The protection of confidentiality is, however, the fundamental pillar that must be taken into account before implementing the use of any of the available technologies. The key is to find the balance between human experience and knowledge, with the power of technology, to achieve optimal results in the legal field. The product delivered by the available applications always requires the review and curatorship of the lawyer. Part of the lawyers’ training will focus on skills for formulating appropriate prompts. 

Advantages of technologies in law: Which ones? The main advantages include improving efficiency and productivity by automating repetitive tasks. Technologies also provide precision and quality when making decisions based on the data analysis that supports them. In addition, they allow greater accessibility and internal flexibility, with the implementation of software that allows us to securely store the information our lawyers need at any time and place. Knowledge management systems (by capturing and managing data with the assistance of artificial intelligence) tend to become robust. 

What loopholes do AI and similar tools create? There are quite a few legal loopholes we have with AI. To mention, some of the areas that will have the greatest increase in cases would be intellectual property, competition law, data protection and cybersecurity, among many others. In the world, but especially in Colombia, laws tend to take a back seat to technological and digital innovations; Technology usually moves much faster than the law. Regulatory regularization is accompanied by political, ethical and economic development debates for business competitiveness. 

Technology Advances Faster Than The Law And We Need To Have Clearer Rules

How is copyright addressed in face of AI? Measures are implemented to ensure that the use of AI respects copyright, including review and compliance with software licenses, in addition to the implementation of internal policies that ensure the ethical and legal use of AI-based technologies. 

Regarding measures to protect the privacy and security of customer information, they include data encryption, restricted access to information according to internal roles, continuous training and regular audits to detect and correct vulnerabilities. 

How are cyber risks managed in the digitalization of legal services? They are managed through the implementation of advanced cybersecurity solutions, in addition to continuous monitoring of systems to detect suspicious activities. We also permanently train our collaborators on Cybersecurity. Additionally, we develop incident response plans and expert cybersecurity providers to keep defenses against emerging threats up to date. 

Is AI being used for legal research? Yes, at Posse Herrera Ruiz AI is being used for administrative processes, compilation of jurisprudence and research. Regarding data analysis technology, it is being implemented only in administrative processes, such as Legal Project Management. 

What emerging technologies will have the biggest impact in the next five to ten years? The technologies with the greatest impact will be advanced AI, capable of performing complex legal analysis and providing predictive recommendations and basic legal consultations through ChatBots; Blockchain, for smart contracts and secure document management; quantum computing, which will potentially revolutionize data processing and computer security. 

How is the firm preparing for future technological changes in the legal field? Posse Herrera Ruiz prepares by investing in technology and ongoing staff training, collaborating with technology and cybersecurity experts, developing new technology-related legal practice areas, and taking a proactive approach to anticipate and adapt to technological changes. 

As a firm we also work on the digital and development skills of our lawyers, with the aim of providing better tools to clients, always prioritizing information security.

https://www.larepublica.co/especiales/dia-del-abogado/la-tecnologia-avanza-mas-rapido-que-la-ley-y-se-necesita-tener-las-reglas-mas-claras-3890906

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