Advances in generative artificial intelligence (GenAI) possess the potential to significantly disrupt the practice of law for many attorneys, particularly those at the junior level. A 2023 Thomson Reuters report on the impact of AI on legal professionals forecasts an “immense” effect on junior lawyers. Human&Legal has previously reported on an AI tool capable of drafting a complaint based on factual inputs. Given the likely reduction in tasks such as due diligence review and routine document drafting, resulting from the rapid adoption and increasing efficacy of AI, legal professionals must consider how to sustain and advance their careers. The solution involves embracing change, elevating practice to adapt, and critically, engaging with clients to deliver the desired services in the preferred manner.
The advent of technological upheaval in law is not unprecedented; previous technical advances over the past two and a half decades have not led to a sustained negative impact on attorney employment. However, this period appears distinct. Earlier legal technology streamlined processes like document review and due diligence, primarily affecting the work of legal and administrative assistants. Attorneys utilized data generated, in part, by these tools to formulate their legal output. Today, technology can generate and formulate that output itself. While the quality of tech generated output remains inconsistent and occasionally erroneous, machine learning is a process of continuous improvement. With ChatGPT having existed for under two years and proprietary law firm chatbots introduced only months ago, the methods of practice have rapidly transformed. It is prudent to consider the likely scale of change with another eighteen months of development.
Inquiries posed to systems like ChatGPT reveal a long list of tasks it purports to assume, including research, client communication, and the drafting of contracts, memoranda, briefs, and other documents. More concerningly, this list also encompasses the analysis and evaluation of case law and “providing insight into potential legal strategies.” The initial reaction from many in the legal field often involves skepticism and denial, yet survival necessitates acceptance and adaptation.
The legal profession has successfully navigated similar disruptions before. The introduction of online legal research tools revolutionized the use of law libraries, and firms adapted. Sophisticated electronic discovery tools fundamentally changed contract document review, and firms adapted. Similarly, the pandemic disrupted in person meetings, hearings, and depositions, and technology enabled firms and lawyers to adapt.
Nevertheless, merely adopting the technology while maintaining centuries old legal practice methods risks obsolescence and potential unemployment as quickly as denial. The more crucial step lies in identifying how the newly freed time can be utilized to offer enhanced support and counsel to clients, and to train new lawyers whose developmental needs are shifting due to technological progress.
Mastering an evolving practice is only one aspect of the challenge. The considerations in every transaction, regardless of size, and the operational requirements of a functional commercial entity change with each technical advance and alteration in the legal and regulatory landscape surrounding technology. These considerations are further complicated by a patchwork of laws and regulations that vary significantly across countries and even within states in the United States. Attorneys do not need to become technologists or regulators, but they must master the subject matter they advise on and the relevant legal environment to guide clients ethically, wisely, profitably, and legally through their business and legal challenges.
Rapidly changing technology introduces a multitude of client issues impacting commercial lawyers across nearly every practice area. Mastery of these issues requires deep study, often academic, given the absence of settled law. Even for those not specializing in technology transactions, data privacy, innovation, or blockchain, most lawyers must gain expertise in technology law and regulation to serve their clients effectively. Every client is now, in essence, a technology client. Regardless of industry, clients will require guidance on issues such as protecting corporate information when utilizing generative AI or advanced data analytics, balancing employee privacy rights when implementing emerging AI employment tools, or evaluating the risks associated with deploying a new customer service chatbot. Any lawyer whose clients gather information must advise on the necessary steps to keep that information secure and website visitors informed. These are just a few illustrations of why specialized technological knowledge is indispensable for maintaining professional excellence and relevance.
Ultimately, remaining essential requires that lawyers understand contemporary business practices and what clients, both in house counsel and those retaining outside firms, need from their legal advisors. Historically, lawyers often functioned as comprehensive advisors to clients on all aspects of their business. While some still practice this way, specialization has become the norm, with most lawyers expected to focus solely within their niche. Though this discussion centers on modernity, in this regard, the new economy revisits old ideas. Most businesses, not just startups or technology companies, seek lawyers who comprehend the broad spectrum of legal and business issues their organization encounters.
Fulfilling this role necessitates all the technical and legal knowledge previously discussed, alongside a fundamental shift in the definition of a lawyer’s role—from a discrete problem solver to a primary business advisor. The lawyer needs the knowledge and training to pose the right questions, assess the situation, and identify the legal and regulatory risks inherent in each potential solution, contextualized within the client’s specific business and operations. This involves understanding not just the company’s core function, but also the activities of individuals within the development and business units. While the client ultimately determines which risks to accept and which ventures to pursue, demonstrating an understanding of their goals and actions, and proving a willingness to listen, builds a relationship that facilitates the advancement of shared objectives.
These required pivots demand a reassessment and redefinition of what constitutes an effective and necessary lawyer. It also necessitates substantial time dedicated to nonbillable study and work, and for some, retraining and immersion in technology focused environments where they can learn what technologists and business professionals currently require from their lawyers. For example, at Cornell Tech’s Master of Laws program in Law, Technology, and Entrepreneurship, Tech LLM students collaborate on teams alongside MBA and technology master’s students. They gain direct insight into the perspectives of those whose work will be affected by legal counsel. Through this exposure, Cornell Tech lawyers learn client needs, and what causes frustration and inhibits innovation. This knowledge forms a foundation enabling lawyers to identify what clients require and want to know, and how to deliver that information while assisting clients in developing modern solutions.
Few lawyers aspire to become coders or product managers, but by gaining empathy for the roles of technologists and business professionals, Cornell Tech lawyers comprehend their clients’ products and businesses, allowing them to offer the necessary services. For those interested in deepening their understanding or developing legal technology solutions, an entrepreneurial and innovative environment like Cornell Tech offers that opportunity as well. Regardless of the chosen path to adapt to the changing legal environment, proactively addressing this challenge presents an exciting opportunity to operate at the cutting edge of current and future legal practice. More information on Cornell Tech and Cornell Law School’s Tech LLM is available through their program details.
