Denis-Smith: Women should view AI as an opportunity
Increased use of artificial intelligence (AI) could “perpetuate or even amplify existing gender biases in the legal profession”, new research has warned.
If women were not “adequately involved” in AI implementation and leadership, the lack of female equity partners at law firms could get worse.
“For instance, AI tools have been observed defaulting to male pronouns and creating stereotypical images, such as portraying men as CEOs or lawyers, while casting women in less professional roles.
“Furthermore, there’s a risk that AI systems, if not properly designed and monitored, could make biased decisions in areas like recruitment, promotions or case outcomes, disadvantaging women lawyers as well as clients.”
Unless women were supported to upskill, they would “miss out on opportunities to become fluent in the new technologies”, leading to “a critical skills gap” and potentially limiting career advancement opportunities in an increasingly tech-driven legal sector.
Gender equality initiative the Next 100 Years project and She Breaks the Law, a global network of female legal services innovators, carried out an online survey of 90 women working in the profession earlier this year for the report produced with magic circle firm Linklaters, No woman left behind: Closing the AI gender gap in law.
It noted that other research has highlighted a persisting gender gap in AI adoption. “It appears that across all professions, women are less likely to use ChatGPT and other generative AI tools than men.”
With a shortage of women in AI research and development, AI tools for the legal sector “may not adequately consider women’s perspectives and needs, creating higher barriers to adoption”, the report went on.
Meanwhile, without adequate representation in roles shaping legislation, policy and ethical oversight, ethical frameworks governing AI in law “may not sufficiently address gender-specific concerns”.
Though many respondents had not observed a slower adoption rate amongst women, the report said, a few women noted that practical opportunities, training and mentorship came down to organisational culture, leadership biases and structural inequalities.
“In other words, women who are out of the office for long periods to fulfil caregiving roles, occupy positions with more ‘organisational dusting’ responsibilities or work for leaders who are not supportive of AI adoption have less time to upskill and are therefore at a disadvantage.”
Only one respondent thought AI adoption fully inclusive, while 29% had noticed a lack of inclusivity.
“This suggests a critical need to target AI communication strategies to women and recruit women of influence to drum up enthusiasm for engaging with the new technologies.”
The report recommended that law firms should prioritise inclusive recruitment into AI roles, support women into AI leadership roles, and allow staff “dedicated time to experiment and practise using new technology”.
They should also incorporate AI skills into into career development frameworks and create ethics committees “with strong female representation to address biases and ensure the ethical use of AI”.
Linklaters partner Shilpa Bhandarkar, co-chair of its GenAI steering group, commented: “The findings from the survey underline the genuine risk that AI could further deepen the gender divide.
“However, each of us has the ability to influence the outcome: whether by actively using technology to expose and challenge ingrained biases, giving our teams the time and space to experiment and learn, or by choosing vendors who share our values.”
“If we champion these efforts collectively, we could reverse the path we’re currently on and instead accelerate the progress toward gender equality in law.”
Dana Denis-Smith, founder of the Next 100 Years and CEO of Obelisk Support, added: “The growing presence of AI in the profession is undeniably having a significant impact on women.
“While there are certainly valid concerns regarding its use, I encourage women to view it as an opportunity to help create a better working environment.
“A crucial aspect of this will be ensuring that female lawyers and business services professionals receive the training, time, and support needed to fully engage with this transformative technology. Integrating this into firms’ and in-house teams’ broader strategy for adopting innovative technologies will be key.”
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