The legal profession is undergoing a transformation, driven in part by artificial intelligence (AI). Tools powered by AI are now capable of assisting with tasks like legal research, document review, and even drafting initial pleadings. These tools offer significant benefits to lawyers, particularly in litigation, by improving efficiency and reducing time spent on repetitive tasks. However, the responsible use of AI requires a careful understanding of its limitations and a commitment to maintaining high standards of legal practice.
Leveraging AI in Litigation: Practical Applications
AI tools are not substitutes for human expertise. They lack the nuanced understanding of legal principles and strategic thinking that experienced attorneys bring to the table. “Generative AI” tools such as ChatGPT, Co-Pilot, and Claude, and even their legal counterparts like Westlaw Precision and HarveyAI, are designed to accurately predict the next word in a sequence. They mimic human reasoning; they do not employ it. At the same time, AI tools can dramatically enhance productivity by reducing human time spent on labor-intensive, allowing lawyers to focus on higher-value work.
AI tools are best viewed as assistants that can streamline specific aspects of legal work. When used correctly, they complement a lawyer’s expertise and free up time for more strategic thinking. For example:
- Streamlining Legal Research: AI tools can identify key cases and statutes relevant to a particular issue faster than manual research. Imagine preparing a motion for summary judgment in a breach of contract case. An AI-powered platform might highlight precedent-setting decisions in minutes, giving you a solid foundation to build upon. It remains the lawyer’s job, however, to analyze the nuances of those decisions.
- Enhancing Document Review: In discovery, AI can quickly scan thousands of documents to find patterns or anomalies. For example, in a fraud case, AI technology might identify inconsistencies in financial records or unusual email communication patterns. This efficiency can potentially save weeks of manual review. Again, though, lawyers do not receive a free pass. Results must be vetted and confirmed independently by licensed professionals.
- Predicting Case Outcomes: Some AI tools analyze past decisions and available evidence to provide predictive insights about case outcomes. While these predictions are not guarantees, they can be helpful in advising clients about settlement possibilities or trial risks.
The Risks of Misusing AI
Despite its benefits, AI is far from infallible. Over-reliance on these tools can lead to critical errors. For example, an AI-generated research memo might misinterpret a complex appellate decision or overlook subtle distinctions in case law. If these errors go unchecked, they could result in flawed legal arguments and even professional liability, even when utilizing advanced tools designed specifically for legal practitioners.
Consider a scenario where an AI tool flags a case as supporting your client’s position, but a closer reading reveals it actually undermines your argument. Failing to verify this output could jeopardize your case and harm your credibility with the court. This underscores the importance of treating AI as a junior associate—capable of providing valuable support but requiring careful supervision.
Using more general tools like Chat-GPT can still result in “hallucinations” of facts–and legal precedents–that do not actually exist. Sloppy use of these tools has already resulted in discipline of unwary lawyers.
Best Practices for Responsible AI Use
To use AI responsibly in litigation, consider the following:
- Know the Limitations: Understand what your AI tools can and cannot do. Choose platforms designed specifically for legal professionals to ensure accuracy and reliability. And verify everything!
- Verify Outputs: Treat AI-generated content as a draft, not a final product. Review all outputs meticulously to catch errors or omissions.
- Maintain Expertise: Use AI to enhance your work, not replace your expertise. Clients value your judgment and experience, which no technology can replicate.
Conclusion
AI tools are revolutionizing the legal profession, particularly in litigation, by increasing efficiency and reducing costs. When treated as capable assistants rather than replacements for human expertise, these tools can help lawyers deliver better results for their clients. However, responsible use requires vigilance, oversight, and a commitment to maintaining the high standards that define the legal profession. Remember, clients hire you for your expertise, not your tools. By embracing AI thoughtfully, you can enhance your practice while safeguarding the quality of your work.