Women less likely to use AI in practice

Artificial intelligence is making it easier for lawyers to complete routine tasks, but new research suggests that women are less likely to use the technology, and this could have professional repercussions.

A working paper on the global use of AI tools, published earlier this year, found that women are 20 per cent less likely to use these technologies, which the researchers noted was a “remarkably consistent gap.”

The research paper, "Global Evidence on Gender Gaps and Generative AI," was written by researchers from Stanford, Harvard, and the University of California. They examined studies of more than 140,000 people worldwide and found that the gender gap in generative AI use was “nearly universal.” 

Nika Pidskalny, who practices corporate, commercial and technology law with Lawson Lundell LLP in Kelowna, says AI tools have helped her transform her legal practice. 

“The biggest game-changer for me has been voice dictation to AI, both for billable and non-billable work,” she says. 

“No one is paying me to wordsmith an email; substance, judgment, and clarity are what matter. AI helps me articulate my thoughts quickly and clearly.”

Pidskalny, who is also the CEO and co-founder of Splendr, which utilizes AI-powered technology to assist lawyers and firms in building scalable commercial practices, has seen the research showing that women are less likely to adopt AI and witnessed it firsthand.

“Research points to a mix of factors: confidence in using generative AI, awareness of how it impacts career success, and willingness to take risks before formal policies are in place,” she says.

“We’ve seen this with our own legal tech product. Men are typically quicker to adopt, while many women prefer to wait until there’s more social proof or broader adoption among peers before embracing it.” 

Pidskalny encourages female lawyers to consider incorporating AI into their practice. 

“This is likely the biggest shift we’ll see in our careers – and with that comes opportunity,” she says. 

“Women can either fall back and risk losing ground we’ve worked hard for, or dive in and embrace it.”

The American paper analyzed 18 studies of university students and workers from many countries, including Canada.  

“Stereotypes and status differences can … lead women to be less likely to use new technology even when presented with the opportunity,” the researchers said. 

“For example, women may face a greater risk of being penalized or perceived as ‘cheating’ when they choose to use generative AI tools.”

Lisa Feldstein, the principal lawyer at Lisa Feldstein Law Office in Markham, Ontario, says that she hasn’t noticed any gender differences in the use of AI tools, but recommends that lawyers, regardless of gender, consider adopting the technology. 

She uses AI tools regularly in her practice to help her “get unstuck.” That can mean anything from assisting with brainstorming ideas to proofreading documents she has already written. One of the advantages is that she can ask the tool to assume a persona, such as a judge or the opposing party.

When writing, Feldstein will sometimes use AI to help her create a first draft. 

“I'll give it samples of my work and then my ideas. That way, the first draft is a lot further along than if I just gave it generic instructions.”

If she runs into technology issues in her family health law practice, whether it’s Outlook or her website, she also turns to AI for IT support.

“It will walk me through what I need to do, more often than not, getting me to where I need to go,” Feldstein says.

However, for all its benefits, there are certainly reasons to be cautious when using AI.

Pidskalny says the main risks are confidentiality, accuracy and over-reliance.

“Never put client confidential information into tools without the right safeguards,” she warns.

Feldstein also cautions against giving AI tools confidential client information or proprietary information about your firm.

“You don't know where that information is going to end up.”

Users also have to contend with the reality that AI tools aren’t always entirely accurate.

“As intelligent as it is, it still makes mistakes, just like a person would still make mistakes. It can miss things. It can get things wrong,” Feldstein says.

“So if you're going to use it for legal research, you want to use it to direct you to the source, and not just treat it as a primary source.”

Pidskalny recommends that lawyers “always fact-check outputs against sources.”

The technology easily lends itself to over-reliance, which lawyers should guard against.

“Treat AI as a first draft, not a final answer,” Pidskalny says.

Feldstein treats AI-drafted materials as if they were drafted by a law student or an assistant.

“It's not a replacement for you,” she says. 

“It just doesn't perform at that level.”

Caveats aside, Feldstein recommends that any lawyer reluctant to try AI in their professional life take the tools for a test drive in their personal life. 

“That way, you're not really worried about some of the risks that can come with it, because it's very low stakes,” she says, noting she recently used AI to identify a caterpillar she spotted while walking.

Pidskalny thinks that’s good advice. 

“AI isn’t going away –  it’s accelerating quickly,” she says.

“Once you see what it can do, you’ll better understand how it can fit into your practice.”