2Civility.org’s Mark C. Palmer challenges lawyers to embrace GenAI policy development and explore and integrate AI into daily practice.
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When it comes to generative AI for lawyers, it’s less of a “what” problem and more of a “how” problem. From developing policy to exploring new uses, focus on the value, not the fear.

QUESTION: I’m hesitant to adopt generative AI tools due to ethical concerns and skepticism about their functionality. How can I begin to overcome these fears and ethically embrace AI in my practice?

ANSWER: Since late 2022, the legal profession has grappled with how large language model (LLM) applications will reshape the way lawyers approach their work. While concerns about ethics and reliability are understandable, embracing artificial intelligence (AI) can significantly enhance your practice if approached thoughtfully.

It’s safe to say AI is not going anywhere. In fact, Clio’s 2024 Legal Trends Report found that an astounding 79% of lawyers were using AI in their practice in 2024.

While generative AI (GenAI) is being widely adopted, Thomson Reuters’ 2024 Generative AI in Professional Services report indicates that only 10% of law firms have a policy guiding the use of AI at work.

In this article, I will explore why lawyers may have avoided GenAI and attempt to persuade them to give it a try.

Focusing on the Value, Not the Fear

Since GenAI has entered legal practice, it has encountered roadblocks that have hindered adoption.

Reports of “hallucinated” (or fake) cases pulled from the platforms have been cited in court filings, as the attorneys using them are met with sanctions for lacking diligence.

At the same time, lawyers have struggled to differentiate how GenAI works compared to other common technology-driven products and processes, like email and traditional legal research. Is it a search engine? Is it a massive database? (Hint: It is neither.)

GenAI is a type of artificial intelligence that creates new content—such as text, images, or video—by learning patterns from existing data. Unlike traditional search engines or databases that retrieve and display information, GenAI uses complex algorithms to generate original outputs based on the user’s input.

This technology mimics human creativity and understanding at lightning speed, making it a powerful tool, especially when the data set is controlled or “closed” (i.e., operating within a restricted set of data that is not publicly accessible) to better focus those outputs.

For example, ChatGPT is an LLM trained on various internet sources ranging from Wikipedia to online articles, whereas Vincent AI from vLex is primarily trained on a legal database of over a billion legal documents like case law, statutes, regulations, and secondary materials.

This setup is crucial for maintaining data security and confidentiality. Moreover, the LLM can be fine-tuned or prompted to generate responses based on data within the closed environment, ensuring the outputs are relevant and accurate to the domain-specific knowledge contained in the dataset.

Using GenAi to Streamline Routine Tasks

AI’s ability to automate routine tasks allows lawyers to focus on higher-value activities that require critical thinking, creativity, and nuanced understanding — skills that machines cannot (currently) replicate.

Clio’s Legal Trends Report found that 81% of hourly billable work performed by administrative assistants and 57% of hourly work for lawyers has the potential for automation. For instance, while AI can draft or review a contract quickly, it is up to the lawyer to use their expertise to ensure its legal soundness and applicability to specific client needs.

AI technologies are already being utilized to streamline various aspects of legal work:

Document review and contract drafting: GenAI tools can efficiently handle large volumes of documents, identifying key clauses or discrepancies that require human attention.
Legal research: GenAI-powered legal research tools can quickly sift through vast databases to find relevant information (e.g., case law) while responding to natural language prompts or even analyzing an opinion or motion to help draft an authoritative and persuasive response.
Predictive analytics: By analyzing historical data, GenAI can offer predictions about case outcomes or judge preferences, helping lawyers develop more informed strategies.

(See also, “The AI Revolution in the Business of Law” for ways law firms can use AI to help manage their practices.)

Embrace GenAI Policy Development

When it comes to GenAI, the legal profession currently has less of a what problem and more of a how problem. We have access to promising early versions of GenAI applications and have witnessed how they can improve the delivery of legal services.

Now, lawyers must focus on ensuring that their AI use complies with their rules of professional conduct, court rules, and organizational policies. Law firms and courts increasingly recognize the need to develop comprehensive use policies centered on the responsible and ethical use of AI.

In Illinois, the Illinois Supreme Court issued its Policy on Artificial Intelligence with a “commitment to upholding foundational principles while exploring the potential benefits of new AI technologies in a dynamic landscape.” The Policy states, in part:

“The use of AI by litigants, attorneys, judges, judicial clerks, research attorneys, and court staff providing similar support may be expected, should not be discouraged, and is authorized provided it complies with legal and ethical standards.”

Other states continue to work on court-issued guidance. For example, New York’s Working Group on Judicial Administration and Artificial Intelligence (JAAI) has developed a “preliminary path” for AI and the New York State Judiciary. In Maryland, “Guidelines for the Acceptable Use of AI Tools and Platforms” was issued for judicial personnel.

These policies are essential for safeguarding client confidentiality, upholding the integrity of legal representation, and maintaining public trust in the legal system.

According to the American Bar Association’s Formal Opinion 512, lawyers must fully consider their ethical obligations when using GenAI tools, including providing competent representation, protecting client information, and charging reasonable fees (see the AI efficiency paradox).

As the Legal Trends Report shows, four out of five lawyers are already using AI to some degree—with or without policies, training, or guidelines.

To support the ethical use of AI, law firms and law schools must continue to train lawyers on fundamental legal skills—like contract drafting and legal research—and provide training and education on integrating AI into routine legal work.

This will ensure that early-career attorneys learn common practice skills while also gaining an understanding of how to validate AI effectively. In addition, ongoing education about emerging technologies should be integrated into professional development programs to foster continuous learning throughout an attorney’s career.

Courts should also continue to play a critical role by offering updated guidance relevant to AI tools as they develop. This helps ensure AI is used in ways that align with ethical standards and legal requirements in litigation.

Generative AI in Lawyers’ Everyday Workflow

I anticipate AI applications will increasingly be embedded into legal workflows. Lawyers who navigate this landscape will be well-positioned to enhance their practice and deliver superior client services while maintaining the integrity of the legal profession.

By integrating AI into their daily routines, lawyers can streamline processes, reduce time spent on repetitive tasks, and focus more on strategic thinking and client interaction. This shift not only increases efficiency but also enriches the quality of legal services provided.

I challenge you to explore and integrate AI into your practice. Consider ways you might take “the robot out of the lawyer” so you can focus on what lawyers do best: serving their clients with insight, creativity, and integrity.

Embracing AI is not just about keeping pace with change; it is about seizing the chance to redefine what it means to deliver exceptional legal service in a rapidly evolving world.

As this technological evolution unfolds, those who adapt will set new standards for excellence in the legal industry. Stay out front!

About the Illinois Supreme Court Commission on Professionalism

The Illinois Supreme Court established the Commission on Professionalism under Supreme Court Rule 799 to promote integrity, professionalism, and civility among the lawyers and judges of Illinois, to foster a commitment to the elimination of bias and divisiveness within the legal and judicial systems, and to ensure those systems provide equitable, effective, and efficient resolution of problems for the people of Illinois. The Commission achieves this mission through professional responsibility CLE, lawyer-to-lawyer mentoring, legal professionalism programming, educational resources, and more. To learn more, visit 2Civility.org and follow us on social media.

Generative AI for Lawyers: From Fear to Functionality, How Lawyers Can Ethically Integrate AI into Their Practice

Table of contents

Focusing on the Value, Not the Fear

Using GenAi to Streamline Routine Tasks

Embrace GenAI Policy Development

Generative AI in Lawyers’ Everyday Workflow

About the Illinois Supreme Court Commission on Professionalism

More Articles From Mark C. Palmer and 2Civility.org