“Innovate or die” has long been a popular moniker of the business space, but it hasn’t always been a motto for the legal profession.
Over the last decade or so, evolving technology has irreversibly changed the way we do business in all sectors—and, indeed, life in general. The downstream data implications have flooded law firms with a new and heavy responsibility: to discern the truth not just from witnesses and physical evidence, but from vast troves of digital information that must be sifted through, collected, analyzed, shared, and presented as quickly, cost effectively, accurately, and securely as possible.
As you know, it’s … kind of a lot.
And while the litigation, M&A, compliance, investigations, and other legal teams tasked with this responsibility have certainly hired on the technical expertise they need to get their arms around all that data in the most efficient way they can—it’s safe to say that the legal profession looks different than it did just a couple of decades ago.
Bennett Borden, partner and chief data scientist at DLA Piper, has grown his career during this formative time and is well-known for both his skills in and excitement for embracing technology in the modern practice of law.
After becoming one of the first-ever chief data scientists at a law firm back in 2015 and growing with multiple firms since then, Bennett has clearly developed a deep well of technical expertise in topics ranging from data governance to artificial intelligence. A 2024 AI Visionary, Bennett’s current role at DLA Piper involves advising both clients and colleagues in the responsible, effective application of AI to legal work of many kinds. And he’s incredibly helpful to many folks in that role.
Today, following his recognition as an AI Visionary, we’re excited to share some of his insights with all of you.
Technologist, Lawyer, Truth-Seeker
Bennett wasn’t always an attorney. His professional life got its start at the Central Intelligence Agency, where the mission of his career—“a desire to use data to get to the truth, to get insights out of data into humanity, and to use those insights for good”—began.
“My interests have always been focused on getting to the truth so that good can be done. I started my career in the US intelligence service, where we used machine learning and data analytics to identify trends of interest, predict where those trends were going, and to influence them for US interests. This engrained in me an appreciation that most of the data we have is a reflection of human thought and conduct,” he told us.
These early insights into the wealth of data humanity was beginning to pile up sparked a deep appreciation for digital information and the many truths it can tell, if only we know how to find them.
“The data we have is the greatest sociological record of humanity since we have been a species. The insights we can gain about humanity and society from this data are staggeringly immense. These insights can be used to advance healthcare, education, public policy, commerce, government strategies, and much more,” Bennett said. “I went to law school to bring my experience with using AI and machine learning to the practice of law. With the data we have available to us, getting to the truth of what happened and why in any case is simply much easier—if you know how to leverage it.”
At DLA Piper, Bennett says his job is twofold: client-facing and firm-facing. He advises clients on the safe and effective use of AI for their legal matters, and assists in the representation of many companies building generative AI. For his colleagues, he helps weave AI into their everyday practices to improve the firm’s offerings and differentiate with deep expertise in this emerging subject.
“Generative AI, especially, has the potential to greatly disrupt how lawyers currently create their products and services. This disruption can be a very good thing, creating new opportunities to improve efficiency, accuracy, and the ability to do things we haven’t been able to do before,” Bennett noted.
Pursuing those opportunities is among his chief responsibilities, and Bennett says he’s extraordinarily proud of the team he’s built and the work they’ve done in that pursuit.
But the proudest accomplishments of his career often come from his pro bono work.
“I come from very humble roots, even living homeless for some time as a teenager. This gave me a keen perspective on fairness, justice, and how ‘the system’ impacts individuals and families. This has driven me to engage in significant cases against public entities, especially police departments, for violations of constitutional rights,” he explained. “Our work, teaming up with several national and international civil rights organizations, has resulted in settlement agreements and consent decrees that have greatly improved constitutional practices in several cities.”
Tracking the Meteoric Rise of Generative AI in the Law—And Where It Might Take Us
Of all the innovations that have influenced this field over his career, generative AI has the promise of being the most influential. And not just in the context of the practice of law.
“Generative AI is the most transformative technology since electricity, and its capabilities are growing virtually daily. As with any transformative technology, it creates the potential for massive improvements in just about every part of our society. But it will also be incredibly disruptive. Not all disruption is bad; disruption of the way things are always creates opportunities for new capabilities to be applied to age-old problems,” Bennett said.
“But the disruption will be severe, especially to our legal and jurisprudence systems. We can do things we simply haven’t been able to do before, and that means we will need new laws and regulations to deal with those situations,” he continued. “Entities that understand the transformative power of generative AI and take advantage of it will greatly outperform companies that are hesitant and spend too much time defending the ways that have been successful in the past.”
The tangible excitement that so many professionals feel about giving generative AI a try is promising, but it also requires temperance and thoughtful application to ensure the security and success of client data and legal outcomes.
And that’s just on the technical workflow side. On a professional level, success in this realm may mean changing some aspects of this industry right at its foundation.
“The legal industry will be completely remade in the coming years. By our estimation, about 80 percent of the work lawyers do today will be better done by AI, or at least immensely augmented by it. This will require law firms to ask fundamental questions like: What is quintessentially human about being a lawyer? How do we create and charge for our products and services?” Bennett posited. “It is increasingly rare that the value of a legal product or service is best calculated by the time a lawyer spends creating it (the infamous billable hour). Understanding how to properly combine the strengths of AI and human legal acumen is the foundational question of the coming few years.”
Bennett expects one result here will be “an immense leveling and democratizing effect on the practice of law.”
“No longer will Big Law be able to outperform smaller firms merely because it can throw bodies at a problem. Smaller firms, especially plaintiff firms, will likely take advantage of this levelling effect first because they have a greater incentive to,” he said. “One of the most important aspects of my responsibilities is using generative AI to augment and extend the capabilities of the firm, to take advantage of the disruption to outperform the competition. Firms that don’t make this their top priority have no chance of competing with those that do.”
The Secret Behind How Lawyers Can Apply Generative AI
While this race to embrace generative AI sounds intimidating, Bennett told us that it doesn’t have to be as overwhelming as it sounds.
“The secret behind generative AI is that you don’t need a technical background to use it or even implement it at your organization. Unlike classical AI models that require writing code to build and use, generative AI is point and shoot, in most applications,” he explained. “Obtaining and implementing API access to a generative AI model and pointing it at your data is a very simple process and creates massive opportunities for creative use cases.”
And if that still sounds a bit murky, the good news is that there’s no need to dive in all alone.
“Some organizations don’t have even the minimal technical expertise to do this, and that is where partnering with a company to help can be essential. At this early stage, the big technology companies who also provide API access to these generative AI systems are likely the best choice for most companies. Gaining API access through Microsoft, Amazon, or Google will allow organizations to also get consulting services from those companies. There are also options for using a third-party to help,” he said.
At DLA Piper, paving the way for clients to get comfortable with this type of partnership is a key strategy for advancing the use of generative AI as an efficiency lever.
“One of the major parts of our practice is our AI Innovation Team, who help our clients implement generative AI, generally, but also to build bespoke solutions based on the technology,” he said.
And as you choose who to work with, being discerning is key: “When using third-party consultants, it’s important to vet them well and learn about what they have done before. And, of course, have good contract terms in place that clearly define roles, responsibilities, and liability if things don’t go according to plan. Everyone seems to be claiming to be an AI expert, but only some of us have been doing this for many years.”
After the technical how-tos are addressed, the remaining question for lawyers who want to bring generative AI on board is: “how can I get my clients on board with it?”
Bennett has some advice on that, too.
“Clients are mostly concerned with the unknown aspects of AI. It seems magical and mysterious, and most business leaders don’t have a personal understanding of it,” he said. “By talking through how it works, what it can and can’t do, and the best ways to control its risks, we can help business leaders decide how and where to use it.”
This is a central part of his team’s approach to their client-facing work.
“By removing the mystery, it allows our clients to think of the benefits and balance it properly with its risks, to fit their circumstances and risk appetite.”
Ultimately, Bennett says, “my interest in AI is based on my interest in truth. AI fundamentally gets to an answer more accurately, fairly, and efficiently than humans can do, if done properly.”
Any good lawyer or businessperson should be able to see the benefit in that.
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