Artificial intelligence (AI) is poised to fundamentally reshape the practice of law. While there is a long history of technology-driven changes in how lawyers work, the recent introduction of large language model-based systems such as GPT-3 and GPT-4 marks the first time that widely available technology can perform sophisticated writing and research tasks with a proficiency that previously required experts.
Law firms that effectively leverage emerging AI technologies will be able to offer services at lower cost, higher efficiency, and with higher odds of favorable outcomes in litigation. Law firms that fail to capitalize on the power of AI will be unable to remain cost-competitive, losing clients and undermining their ability to attract and retain talent.
EFFICIENCY IMPROVEMENTS
Consider one of the most time-consuming tasks in litigation: extracting structure, meaning, and salient information from an enormous set of documents produced during discovery. AI will vastly accelerate this process, doing work in seconds that without AI might take weeks. Or consider the drafting of motions to file with a court. AI can be used to very quickly produce initial drafts, citing the relevant case law, advancing arguments, and rebutting (as well as anticipating) arguments advanced by opposing counsel. Human input will still be needed to produce the final draft, but the process will be expedited with AI.
More broadly, AI will make it much more efficient for lawyers to draft documents requiring a high degree of customization a process that traditionally has consumed a significant amount of lawyers’ time. Examples include contracts, the many different types of documents that get filed with a court in litigation, responses to interrogatories, summaries for clients of recent developments in an ongoing legal matter, visual aids for use in trial, and pitches aimed at landing new clients. AI could also be used during a trial to analyze a trial transcript in real time and provide input to lawyers that can help them choose which questions to ask witnesses during cross-examination.
NEW SKILLS REQUIRED
For lawyers, getting the most out of AI tools will involve far more than just pushing a button. AI is most effective when it is used to complement human skills, and the people who learn how to leverage this collaboration well will get the most mileage out of AI tools.
This will require developing new soft skills, including knowing how to choose the right AI tool for a particular task, knowing how to construct the right queries and evaluate the relevance, quality, and accuracy of the responses (and then update the queries as needed), and being able to synthesize the overall results into a cohesive, actionable picture. Attorneys will also need to be attentive to ensuring that any use of AI tools is done with appropriate attention to protecting confidentiality.
Law firms will need to institute new training so that practicing lawyers acclimatize to this new milieu. The Council of Legal Education should update its curricula to ensure that they provide bar aspirants with instruction on how to use AI writing and research tools, as these skills will be in high demand among recruiters.
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