
AI in the Legal Profession
With guest authors Lauren Anderson ’26 and Imaan Zaheer ’27
The rise of artificial intelligence (AI) utilization in various fields creates the opportunity for increased efficiency and innovative technological advancements. In the field of law, this can be especially helpful for day-to-day tasks as well as in the courtroom itself. However, numerous ethical concerns are raised when analyzing the implementation of AI into the legal field and to the extent this incorporation is appropriate. This is especially true as it relates to ethical considerations such as attorney-client privilege and the fact that law firms deal with highly sensitive information every day. With little regulation surrounding AI development and rising privacy concerns over the data shared, the legal profession’s view on AI is mixed and complex.
What does the profession say about the usage of AI?
While there are mixed opinions regarding AI, the reality is that AI, like technological advancements of the past, does and will have a role in the work of attorneys. One of the greatest benefits of AI is its ability to allow attorneys to become more productive and efficient. That being said, attorneys do carry reservations towards AI playing a more substantive role in legal writing, analysis, and preparation of legal documents, briefs, and pleadings. Attorneys recognize that the use of AI and their ethical duties are tied to each other. Professionals largely agree there should be oversight when using AI, which includes ensuring compliance with standards set by the American Bar Association (ABA), the national voice for attorneys. To examine the use of AI in the legal profession, the ABA has formed the Task Form on Legal Innovation and issued resources to help guide attorneys, including a 15-page opinion further emphasizing professional conduct rules and providing guidance to lawyers, especially where there may be confusion around the use of AI.
How can AI assist attorneys in their work?
The diverse views on whether AI should be incorporated into the legal profession, and if so, to what extent, make it difficult to make cohesive decisions around the implementation of AI in the legal field. The increased efficiency can lower costs for clients and therefore increase access to legal knowledge and justice, eliminating a certain level of socioeconomic barriers. If AI is utilized in firm operations, its use can create significant cost saving opportunities particularly as it relates to administrative tasks, such as legal summaries and case file organization, can be reduced. Other primary possibilities for AI utilization by firms include document review of discoverable information, automatic searches for legal research of case law and statutes, contract and document analysis, as well as proofreading and error correction (ABA, 2017). Popular systems for legal research like Lexis+ and Westlaw have incorporated AI into their processes that make finding relevant cases considerable easier. Overall, having AI assistance in these tedious tasks can reduce attorney stress and frustration, allow for earlier risk assessment, improve organizational and logical structure (ABA, 2017), and create more sustainable business structures for law firms. Based on these themes, it is evident that the utilization of AI in the legal practice can help relieve attorneys of smaller, repetitive tasks and instead allow more time and freedom to engage with client relationships.
How can AI create problems for attorneys?
For one, utilizing AI technology in firms does not guarantee that the resulting product abides by jurisdictional rules and the ethical principles lawyers have to follow. In addition, accuracy in AI models is still not perfect, and mistakes in legal work can have extreme consequences, as mistakes impact client outcomes that can carry large financial and personal implications. Furthermore, though AI presents unique opportunities for forensic science technology and potential increased efficiency in these processes, AI models have demonstrated that they can be influenced by bias and consequently perpetuate this in the results. Exacerbated bias and prejudice in the legal field are extremely dangerous and violate the main principle of the legal system, this being justice. While AI technology can help increase efficiency, eliminate certain barriers in the field, and present opportunities for innovative development, it also raises major concerns over accuracy, ethical violations, and bias perpetuation. More policy regulation surrounding AI development and implementation can help eliminate ethical concerns and aid lawyers in the safe incorporation of the technology.
It is clear that AI offers benefits; however, its usage in the legal field raises some serious ethical and confidentiality issues. One of the biggest risks comes from inserting sensitive client information into public AI models like ChatGPT. These platforms often store and use data to improve their systems, meaning client information could unintentionally be exposed or misused. Attorneys must be extremely cautious to avoid breaching confidentiality obligations, which could result in professional discipline or even malpractice claims. Recognizing these risks, some law firms have opted to create their own private AI systems. These are designed specifically to have heightened security measures to protect client data. This allows firms to use the benefits of AI while maintaining control over how information is processed and stored. However, there are issues even with private systems, as lawyers must stay mindful of how AI tools interact with their ethical duties, like competence and due diligence.
Finally, AI has the power to generate realistic, but fake images, documents, videos, and recordings that present unique challenges and evolving questions on the reliability of evidence. In addition to question related to the practice of law, lawyers must also be more widely aware of AI’s ability to influence the reliability of evidence critical to assessing cases and representing clients.
The American Bar Association is actively discussing how existing professional responsibility rules apply to AI. As these conversations continue, attorneys must stay informed while using caution when incorporating AI into their practice. In addition, state bar associations are actively working to provide guidance and policies to assist attorneys in incorporating AI into practice in a way that adheres to the rigorous professional standards of legal practice. In Illinois, entities such as the ISBA standing committee on Artificial Intelligence & the Practice of Law, Illinois Supreme Court and Attorney Registration and Disciplinary Commission (ARDC) have both offered guidance to lawyers through detailed guides and published standards of practice.
A Cautionary Tale…
As AI tools are becoming more common, we are seeing more data about the dangers of relying on them too heavily. In 2023, there was an incident involving two New York attorneys who were sanctioned after submitting a legal brief containing fake cases that were AI-generated. In the lawyers’ research, they had used ChatGPT to assist with their research, but they failed to review the citations that ChatGPT provided. When the court went to review the filing, they had discovered that the cases did not exist. This incident, whether done in good or bad faith, serves as a reminder that AI should be viewed as a technological tool rather than a complete substitute. Key skills such as legal research, drafting, and analysis must require human oversight to ensure there is accuracy and that the standards of this prestigious profession are upheld. It is without a doubt that AI can speed up certain tasks, but it lacks the human component of ethical understanding and practical experience that attorneys bring to the job. As the technology evolves, it will be crucial for lawyers to maintain a healthy skepticism about AI-generated content. There should be proper training on how to use these tools responsibly, along with rigorous verification processes. This will be essential to avoid mistakes that could harm clients or undermine the integrity of the legal system.
Sources & Additional Resources
- Illinois Attorney Guide to Implementing AI: Implementing-AI-Guide
- Illinois Supreme Court Policy on Artificial Intelligence: Illinois Supreme Court Policy on Artificial Intelligence – 01/01/25
- ISBA News: ARDC Releases the Illinois Attorney’s Guide To Implementing AI | Illinois State Bar Association
- State AI Task Force Information
- ISBA Standing Committee on Artificial Intelligence & the Practice of Law: Artificial Intelligence & the Practice of Law, Standing Committee on | Illinois State Bar Association
- Law Firm Survey on AI: https://www.crcgroup.com/Tools-and-Intel/post/law-firms-considerations-when-utilizing-generative-ai
- Thompson Reuters Survey on AI in Legal Profession: https://legal.thomsonreuters.com/blog/how-ai-is-transforming-the-legal-profession/#:~:text=In%20the%20report%2C%2096%25%20of,use%20case%20of%20the%20technology
- 7 Ways AI Can Benefit Your Law Firm (ABA, 2017): https://www.americanbar.org/news/abanews/publications/youraba/2017/september-2017/7-ways-artificial-intelligence-can-benefit-your-law-firm/
- ABA Task Force on Law and Innovation: https://www.americanbar.org/groups/centers_commissions/center-for-innovation/artificial-intelligence/issues/
- ABA AI Ethical Guidance: https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/aba-issues-first-ethics-guidance-ai-tools/
- New York attorneys sanctioned for submitting brief with AI-generated cases: https://www.reuters.com/legal/new-york-lawyers-sanctioned-using-fake-chatgpt-cases-legal-brief-2023-06-22/






