Raising the Bar: Thoughts on Embracing Responsible AI Use in Law Schools

Using Generative AI, like ChatGPT, in our legal work has its upsides, but it's important to manage our expectations. As lawyers, we've got to be really careful that if we are going to use GAI, that we use it responsibly. I think we should learn early on- starting in law school- how to not let GAI negatively affect the quality of our work product.

One of the best (and less-dangerous) uses for GAI in the legal profession is that it can handle some of the more routine stuff, like banging out basic emails or starting drafts. It's a bit of a time-saver there, but we can't just set it and forget it. GAI can easily deal with the straightforward tasks, but it still doesn’t match our (presumed) expertise, especially when it comes to the more complicated parts of our job. We're the ones who need to make the calls on legal strategies, get deep into the details of case law, and speak with clients personally to make sure we are addressing all their needs.

 

GAI is generally great for laying down a basic structure off of which you can build your final written product. But it is always on us to do our job, as professionals, to add what needs to be added, and approve the final product. GAI might speed things up, but it doesn't cut down on the need for our own thorough review. Remember, from a client’s perspective, most of what they’re paying for is your professional expertise and judgment. And after all, it’s our name and bar number on the bottom. 

 

Naturally, the enormous pressure to bill more and work more efficiently can lead to even the most well-meaning attorney into trouble if they become over-reliant on GAI and do not use GAI with the level of supervision required for ethical use. I believe over-reliance on GAI is an inevitable problem, so we need to start addressing responsible and ethical use of GAI in law schools, as early as possible. It’s pointless to wait until attorneys are out and practicing. GAI is already a big problem for law schools, so let’s focus our GAI policy development efforts to law schools, where administrators have been in a panic-stricken scramble to address the GAI issue for several years already.

 

As a 1L, you know that you can read the cases that are assigned and that is the best way to learn, but sometimes we are lazy or bad students, so we rely on some commercial case summary (read: Quimbee). We all know this is not the best choice, but we’ve all done it many times. Plus, sometimes the case summary alone is enough. But of course, if you actually read the full opinion and immerse yourself in legal writing, you benefit from the practice and will inevitably understand the material better. The best way, in my opinion, is to do both. Start with a summary, but still read the whole case. Use the summary as a tool, not a crutch. For law students, ChatGPT is very similar. There is just such a fine line between using something as a tool and relying on it entirely. 

 

Of course, since ChatGPT produces text for you, there’s also a transparency and honor code issue for law students who use GAI irresponsibly. Still, being reprimanded by a law school for GAI-related misconduct is probably better than the same thing happening before a court. So better to learn that lesson sooner rather than later. As law students, we are all competing against each other (especially 1L). We all have a lot invested in law school, personally and financially. Sadly, for some, these incentives are also incentives to cheat, and it’s a tale as old as time. I worry about how future law students will learn to master essential skills if they become over-reliant on GAI. How will they develop legal reasoning and writing skills? Will they develop those skills sufficiently to practice competently? Will over-dependence dull their critical thinking and judgment? Personally, I am trying to meet this artificial intelligence wave head-on and learn at least enough to keep up with the conversation and not be left out. GAI is the future and the present. I just don’t want to graduate law school and already be left behind because I was too afraid of GAI to learn about it earlier. 

Disclaimer: this article was not written with the help of AI.