10 Ways Lawyers Should Use AI & 3 Ways They Should NOT

If used properly, AI can be a great tool to assist lawyers. But it is just a tool, it does not have the training and expertise and experience that a real lawyer does. It will not replace lawyers, but it can help them, much like a paralegal or junior associate. While it may not replace all lawyers, it might make obsolete those lawyers who are not able to adapt and use modern tools like AI in their practice where and when appropriate.

Here are some examples how artificial intelligence tools can be used (and are being used) by those in the legal profession:

1. Summarize – To summarize contracts, cases or briefs (but you must proofread and verify!)
2. Rough first drafts – To create first rough drafts of contracts, clauses or briefs (but you must proofread!)
3. Discovery Searches – To assist with legal discovery (often called Technology Assisted Review or TAR)
4. Due Diligence Searches – To search for relevant documents, cases, etc., as part of any due diligence process
5. Proofreading & Spellchecking – Simple proofreading (e.g., for typos, not substance)
6. Creating Indexes – Creating indexes or tables of contents for existing content
7. Comparing Contract Clauses – Comparing two different clauses (perhaps proposed language versus your own template). Does not work well for entire contracts, but can work for discrete provisions (e.g., compare my template confidentiality provision with this proposed clause).
8. Issue Spotting In Contracts – Rudimentary issue spotting (e.g., what are the issues or risks from a customer’s perspective in a proposed vendor agreement or clause) (but you must also review on your own – this is just a quick rough draft of most obvious issues!)
9. Productivity Tools & Legal Operations – Time tracking, invoicing, etc.
10. Blogging & Social Media – Creating first rough drafts of blog posts, social media posts, or other marketing materials (but you must proofread!)

Other? (Please add in the comments below)

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WARNINGS AND CAVEATS:

• ALWAYS PROOFREAD – DO NOT LET AI DO YOUR WORK FOR YOU. IT IS JUST A FIRST, INTERNAL, ROUGH DRAFT. YOU ARE ULTIMATELY RESPONSIBLE FOR YOUR FINAL WORK PRODUCT. I always like to use the analogy that AI is like a Junior Associate. If you’re a partner and you have a junior associate help you with research and a first rough draft, you would never put your name on it and send it out, without first carefully proofreading and editing and adding your own analysis from your years of experience. AI is the same. It is not a final work product, but a first, internal, rough draft. It can help you get started, and help get over writer’s block, and assist with some of the grunt work, to save you some time on the front end. But you need to carefully review, edit, verify, polish, and make it your own, and add your legal expertise and years of experience to the analysis.
• SOME AI TOOLS ARE NOT CONFIDENTIAL. You may need to input documents, data, or other info into these tools. What you put in may not be kept confidential. Depending on the tool, and the settings, any data you input may become public. NEVER put client confidential information, nor any personal data protected by privacy laws, into these tools. If inserting contracts or clauses for review, you MUST anonymize them first, taking out party names and other identifying information. ?
• AI PROMPTS ARE MORE ART THAN SCIENCE. Do not ask simple, short questions. Garbage in, garbage out. When using AI tools, what you ask and how you ask it will dictate how the tool answers you. Unlike Google, which is designed for short search queries, with AI, you can ask for things in full sentences, with lots of detailed instructions. Again using the analogy of a junior associate, the more detailed your instructions, the better the result. Your search query or prompt are the detailed instructions you give to the tool in order to elicit an output. Experiment. Iterate. Ask the same thing several different ways. You’ll get better at this over time, with practice. But do not assume the tool will understand any implied questions or dependencies. Spell out everything you want it to consider and do.

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AI tools can be great, if and when properly used. AI will not replace lawyers. But it might make obsolete those lawyers who are not able to adapt and use modern tools like AI in their practice where and when appropriate. Keep these caveats in mind, but experiment and practice using various AI tools in the manners listed above. The more you try it, the more comfortable you will become at using it. ?

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If you have any questions or need help, feel free to contact me at [email protected].

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About the Author:

Brian Heller is a Tech Transactional Lawyer (Digital & Social Media, SaaS, Ad Tech, etc.) for Outside GC (OGC), a different kind of law firm.

OGC is virtual, so it’s much more affordable, and all OGC lawyers have prior in-house GC experience and/or experience in business roles.

Brian started his career with Shearman & Sterling in NYC, then Akin Gump in DC), then in-house in a variety of tech companies, and in Business Development and Corporate Development roles, including in a Private Equity owned startup, with a successful exit.

E-Mail: [email protected]?

Bio: https://www.outsidegc.com/attorney/brian-heller