This guide compiles information on generative AI developments and tools pertinent to legal research, legal education, and legal practice. It is a work in progress and will be periodically updated with additional resources and new information on this rapidly changing area.
Generative artificial intelligence, or generative AI, is a type of AI technology that creates content – including text, images, video, and computer code – by identifying patterns in large quantities of training data. Unlike extractive AI, which focuses on analyzing and extracting insights from existing information, generative AI actively produces new content based on its learned data.
A large language model (LLM) is a type of generative AI trained on massive amounts of text data to predict the most likely sequence of words in response to a user prompt. Generative AI chatbots imitate the patterns they learn from human communication, making their responses sound sophisticated and human-like. However, they don't create new ideas or evaluate the accuracy or relevance of their output—they simply reassemble text patterns from LLMs. A few popular examples include OpenAI's ChatGPT, Google's Germini (formerly Bard), and Microsoft’s Copilot, all discussed further in this guide under the section What Generative AI Tools are Available?.
The development and rollout of generative AI tools has impacted many industries, including legal education and legal practice. For example, according to Lexis, generative AI tools help streamline tasks like composing legal briefs and client memos, conducting due diligence, and analyzing large volumes of documents. While generative AI offers exciting capabilities, it also raises significant ethical and legal questions. These are explored more in the section Risks and Ethical Considerations in Using Generative AI.
Extractive AI vs. Generative AI
| Extractive AI | Generative AI |
|
|
In legal practice, extractive AI is often used in research tools like Westlaw or Lexis to help find relevant cases or statutes. Generative AI, on the other hand, takes it a step further by generating new content. It's important to keep these two types of AI in mind when you are thinking about which tool to choose for a specific purpose.
Generative AI is beginning to transform many aspects of legal practice. Major law firms, bar associations, and courts across the United States have issued guidelines and policies specifically addressing the use of generative AI in legal work, reflecting its growing impact on the profession. This technology has the potential to assist lawyers with tasks like legal research, document drafting, and contract analysis. At the same time, it raises ethical and practical challenges around issues such as confidentiality, accuracy, and the unauthorized practice of law. As generative AI capabilities continue to advance rapidly, the legal profession is grappling with how to effectively integrate this technology while upholding core professional standards and responsibilities.
An August 2024 report from the ABA Task Force on Law and Artificial Intelligence examines the impact of AI, particularly generative AI, on the legal profession. It covers topics including legal ethics, court systems, legal education, access to justice, risk management, and AI governance as they relate to emerging AI technologies.
What Are the Risks in Using Generative AI for Legal Work?
When deciding whether to use Generative AI, one must carefully weigh numerous risks and considerations, which are discussed in greater detail in the section Risks and Ethical Considerations in Using Gen AI.