Document Type

Article

Publication Date

2024

Abstract

ChatGPT is having a moment in the legal field. And for good reason: Generative artificial intelligence (“AI”) was already disrupting the practice of law before OpenAI’s new chatbot came on the scene. But ChatGPT marks a new era. The brain behind OpenAI’s latest AI contains up to a trillion artificial neurons and was trained on hundreds of billions of pieces of text gathered on the web. All that data makes for the smartest AI ever.

But what’s more important is that all that computational muscle is aimed at things lawyers do every day: (1) Understanding complex concepts, (2) analyzing convoluted language, and (3) conveying that understanding effectively in writing. The result is technology that can understand text, parse it for insights, and apply those insights with striking competence— just like lawyers do. And now, these tools are multi-modal: They can see, hear, and speak. They can carry out complex tasks and integrate with all the other technology lawyers use. They can program new software, analyze legal data, and create stunning visuals for the courtroom. And new features and functions and integrations are released daily. Perhaps most exciting (and scary): Generative AI (“GAI”) greatly enhances the evolution of legal technology itself. In other words, GAI is rapidly increasing the speed at which we develop new technology relevant to legal practice. If experts are right, we are on the cusp of a legal technology revolution.

But GAI is particularly powerful for legal writers. This is no longer a story about what to expect in five or ten years. The technology is here. For example, you can use GAI tools to refine a sentence in dozens of ways. You can use it to credibly summarize a page of legal text into a snappy paragraph. In other words: Practical tools we legal writers can use to save time and do better work for our clients and colleagues.

As someone who has spent years working with teams and experts interested in using AI to enhance legal writing and practice—as well as legal education—I can say that the knowledge gap on GAI is particularly striking. Most law teachers, law students, and law practitioners still don't have a deep sense of how GAI works, how it applies to legal practice, and how they can use it safely and effectively today. This knowledge gap is likely leading to the over- and under-regulation of GAI tools at law schools and in legal organizations. Understanding too little of the pitfalls or the possibilities is leading to poor decisions all around.

This article uses budding research and the author’s experience working with experts on GAI-powered legal writing tools to bring law students, law teachers, and law practitioners up to speed on GAI in legal practice—with a focus on legal writing in particular. This article acts as a framework for introducing legal practitioners to GAI, its possibilities, its ethical pitfalls—and its many applications to practice today. We’ll start with a thorough primer on GAI and how it works. We’ll then look at the many practical uses of GAI for lawyers outside of legal writing. We’ll review the major ethical pitfalls and concerns. We will finish with a practical framework for using GAI effectively on your legal writing.

Publication Citation

59 Tulsa L. Rev. 193 (2024).

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