In June 2023, two attorneys were fined $5,000 for submitting a legal brief created by a consumer-grade generative artificial intelligence (GenAI) tool to a New York court. That brief cited cases that did not exist, leading the presiding judge to conclude that, without proper review or fact-checking, the lawyers had acted in bad faith. The judge described their actions as “acts of conscious avoidance and false and misleading statements to the court.” What those lawyers got right is that GenAI is a powerful tool that can enhance legal workflows and improve processes at law firms and within in-house legal departments. What went wrong? Two things: first, they used a general-purpose GenAI tool, and second, they submitted a GenAI-written brief without checking it for accuracy.
Since this incident, professionals have adjusted their approach to GenAI tools, resulting in substantial advancements. When GenAI has been developed specifically for the legal industry, it can streamline legal workflows, trim time-consuming tasks, and free attorneys to focus on higher-level, more valuable, and fulfilling work. The truth remains, however, that GenAI tools — as powerful and productive as they are — need to be used responsibly. In this white paper, we outline for private practice and in-house attorneys how to make the most effective use of these tools.
How should legal teams view GenAI?
Before we explore how to use GenAI in your legal workflow, it’s worth considering how this technology should be viewed. Having the right mindset will help any legal professional develop the proper perspective and approach.
Since its arrival, GenAI has consistently dazzled with its impressive ability to generate a variety of content in seconds. The wow factor for this technology is so high that it’s understandable to think it can do anything. But it can’t, and it’s important to recognize its boundaries. Here are three questions to keep in mind when evaluating any GenAI tool and its output:
- Where does the tool get its information? Free, consumer-grade GenAI tools draw their information from the entirety of the internet, which includes plenty of fiction as well as fact. This is part of the reason why popular, consumer-facing GenAI tools can generate false information. In contrast, professional-grade GenAI tools are tailored for the legal industry, crafted by experts who understand the field, and rely solely on a smaller, yet higher-quality, dataset when creating answers. Because such GenAI tools have stricter guardrails and higher standards, their output is more trustworthy. Understanding the source of a GenAI tool’s information is vital, as it informs how you interpret what it creates.
- What is the request? There are many contexts in which use of GenAI is low stakes. If you prompt a free GenAI tool to generate fun text for an invitation to a child’s birthday party, no harm is done if the output is off the mark. But in a legal context, the stakes are much higher. Using GenAI for legal work should be done thoughtfully, and its product reviewed carefully.
- How much review is needed? It’s easy to assume a GenAI output is client-ready the second it’s produced. It is not. Think of it this way — even a bright, early-career associate must have their work reviewed before presenting to a client. GenAI is no different. Even the output of a GenAI tool developed specifically for the legal industry needs careful review from a trained and experienced legal professional. As high-quality as a legal GenAI tool’s output can be, it is not a substitute for your thoughtful judgment, understanding of the client, and experience.
What are the potential risks of using GenAI?
As we alluded to above, using GenAI tools carries some risk. GenAI tools developed specifically for legal professionals presents significantly less risk than free consumer-grade tools, but no GenAI tool is completely risk-free. Here are three common risks of using GenAI tools that legal professionals should be aware of:
- Prompting errors. GenAI tools cannot know what a user meant to ask. They interpret questions or commands based on their straightforward, literal meaning. Sometimes users enter a vague or non-specific prompt, unaware this can lead to output that doesn’t precisely meet their expectations. A more targeted input can enhance alignment with the desired outcome. When using GenAI tools, legal professionals should always consider whether the results match the prompt. GenAI prompting is a skill developed over time by trying new techniques and assessing what went well and what can be improved.
- Bias. It’s sometimes referred to as “the helpfulness bias.” GenAI prioritizes responding to the question posed, even when the available information is insufficient or inaccurate. Because GenAI has this tendency, its answer can be incomplete or non-specific — and, of course, it will not tell the user that. If the response produced makes you skeptical, it’s a good indication you should further scrutinize the answer.
- Hallucination. While GenAI’s accuracy has improved, there’s still a risk that it will generate fabricated responses. Researchers differ in their perspective on this, but some believe that GenAI will always have the potential to hallucinate. Legal professionals who use GenAI should remember that this possibility exists and always take steps to check potential hallucinations — for example, checking citations to ensure they are real and accurate.
How can GenAI be used most effectively?
Having developed a comprehensive perspective of GenAI and its inherent risks, it’s time to share pointers on using GenAI to achieve desired outcomes.
- Prompt thoughtfully. Prompting, or entering a command to instruct your GenAI tool, is an often-overlooked aspect of maximizing the tool’s effectiveness. After years of using search engines, it’s common practice to enter incomplete or general information. GenAI tools can work with limited information, but their output in such cases will not be optimized. The clearer and more intentional a user is with a prompt, the more streamlined and efficient the process becomes — saving time and effort, which is a key benefit of using GenAI.
- View the output as a first draft. It’s rare for a writer to tell you that their first draft was spot-on. Many pieces of writing move through stages on their way to completion. Working with GenAI is similar. Even if the initial output appears to be accurate, do not think of it as a ready-made solution. You are the legal expert, not your GenAI tool; your judgment, experience, and training are what your clients rely on. By applying these skills to refine GenAI’s initial output, you can often enhance the results for a better outcome.
- Recognize GenAI’s limits. Even the most formidable GenAI tool is not suitable for every situation. While GenAI tools developed for the legal industry offer enhanced security compared to a consumer-grade AI, exercise caution before entering highly confidential or sensitive information. In some circumstances, limiting access to such data is crucial, and organizations should establish policies for its use. There are also sensitive or personal situations in which AI-generated content lacks the necessary human touch. Imagine expressing condolences to the surviving spouse of a medical malpractice victim, for example. Such a delicate situation calls for the kind of personal and human element GenAI cannot provide.
What are best practices for using GenAI output in legal work?
Understanding the correct perspective on GenAI and its outputs, as well as recognizing common risks, sets the stage for effectively using GenAI in a legal context.
- Check citations. Do you remember the two attorneys mentioned at the beginning of this white paper? They probably could have stayed out of trouble had they done their due diligence and checked their citations — which every attorney has a responsibility to do with work they didn’t personally prepare. Had they done so, they would have likely found the non-existent cases their consumer-grade GenAI tool had cited. Any legal professional should know that case citations are of the utmost importance, so care should always be taken to check them rigorously. This recommendation is not unique to GenAI tools. Again, it is comparable to work-product by a bright but inexperienced associate; investing time in evaluating the work-product is always wise.
- Evaluate tone. As a legal professional, you know your intended audience far better than any GenAI tool does. GenAI tools developed for the legal industry produce more contextually appropriate material than consumer-facing options. Even so, the nuanced nature of tone often requires calibration and customization.
- Ask “What’s missing?”. Like humans, no GenAI tool will get everything right all the time. GenAI output can often be enhanced with your contributions, such as adding paragraphs, refining sentences, using more active verbs, or incorporating additional legal precedent. It’s not a matter of accepting or rejecting the output; your expertise can make strong results even greater.
Balancing innovation and oversight
Legal professionals must adopt a proactive approach in overseeing their GenAI tools to harness their full potential while minimizing risks. By understanding the nuances of GenAI, attorneys can enhance their practice and deliver superior work-product.
As GenAI continues to evolve, its potential to optimize legal practice becomes increasingly evident. From drafting documents to streamlining research, these tools offer unprecedented efficiency when used thoughtfully, responsibly, and with care. Legal professionals must understand that while GenAI can act as a valuable assistant, it is not a substitute for legal judgment, ethical standards, or time-honored experience. The best outcomes arise when attorneys treat GenAI output as a starting point — carefully reviewing, tailoring to the legal and factual context, and ensuring it meets professional standards.
By adopting a proactive and informed approach, law firms and in-house legal teams can harness GenAI’s strengths while minimizing its risks. As with any powerful technology, the key to successful and effective use is balancing innovation with oversight. With diligence, critical thinking, and a commitment to excellence, legal professionals can integrate GenAI into their workflows to deliver faster, smarter, and more effective client service.
Developed with law firms and in-house legal departments in mind, Thomson Reuters CoCounsel is a leading GenAI assistant for legal professionals. Request a free product demonstration today.
