Within the last year, the legal industry has witnessed a surge in AI-based programs designed to improve workflow, legal research, and legal drafting, such as Westlaw Co-counsel. AI technology, although new, offers significant benefits for helping attorneys enhance their workflow. However, it is not a substitute for an attorney’s legal knowledge, skill, and independent judgment.

Recent headlines highlight egregious examples of attorneys using AI to write briefs, which include fictional cases, or a pro se plaintiff attempting to use an AI-generated attorney in court. Although these are extreme examples, they underscore the importance of sound legal judgment when using AI. Attorneys’ use of AI technologies will not only become standard practice but will also be essential for improving productivity and streamlining case workflow.

How AI Can Help Attorneys Improve Workflow in a Typical Case

• Electronically Stored Information and Discovery: One of the most significant advancements in legal AI involves discovery. In written discovery, AI can assist in generating standard questions tailored to specific legal issues. This not only saves time but also helps attorneys formulate effective questions in unfamiliar areas of law. Regarding document productions and electronically stored information (ESI), AI can analyze large volumes of ESI to identify specific information. For example, AI can review and prepare a timeline based on the underlying documents and identify documents that involve specific factual or legal issues, e.g., evidence of fraud or breaches of contract. Again, AI is not a replacement for independently reviewing documents or preparing discovery requests, but it can be used as a starting point to give context to an issue or start the document review process.
• Initial and Niche Research: AI can also provide a valuable resource when conducting legal research. For example, Westlaw has an integrated AI mechanism to help conduct legal research. Not perfect, but the AI search engine can help identify case law, secondary sources, or code articles relevant to the underlying issue. This method is usually a good starting point when researching a new area of law or a niche legal issue. At the bare minimum, using AI to conduct legal research will identify common legal terms or issues associated with the underlying issue, which can help generate more pointed Boolean searches.
• Deposition Preparation and Completion: From start to finish, AI can help attorneys both before and after a deposition. Before taking a deposition, AI can help prepare potential questions for a witness based on case documents. For example, if there is an upcoming expert deposition, AI can compare prior expert deposition (great for witnesses who have testified before or multiple times), identify gaps in the expert’s reasoning or analysis, and compare and analyze prior expert testimony. After the deposition, AI can help: (i) summarize the deposition for client correspondence or internal records; and (ii) identify and cite to a witness’s testimony on specific topics to use at trial. These uses do not relieve an attorney from verifying the information or checking the AI’s analysis but can drastically increase productivity.
• Alleviate Writer’s Block: Writing briefs, motions, exceptions, or letters can sometimes be a daunting task for any attorney. Young and old attorneys alike will, at some point in their writing careers, find themselves trying to figure out how to structure a sentence or organize a paragraph. Previously, the options were to push through or delay figuring out the best structure or organization, but now AI can alleviate some pressure and potentially break writer’s block. For example, AI can review sentences and paragraphs, providing suggested revisions or alternative sentence structure. Simple suggestions or revisions can improve motions, briefs, or other written materials. Additionally, AI can be a useful tool for editing and revising grammar or spelling errors.

As indicated, AI has its uses in the legal field. Is it perfect? Is it going to replace attorneys? The answer – no. Attorneys still need to exercise legal judgment, review documents, draft briefs/motions, and double check AI’s work because AI hallucinations and false information continue to be a major pitfall in using the technology. However, AI can and will need to be used to help attorneys improve their workflow and become more efficient. Arguably, AI will allow attorneys to get back to what they do best – think, strategize, and plan.

In summary, AI is not a substitute for the experience and judgment of a skilled attorney, but it can be a powerful tool for making legal work more efficient. When attorneys use AI for tasks like discovery, research, depositions, and drafting, they can spend more time on strategy and planning. Still, it’s important for lawyers to use their own judgment, double check AI’s work and keep ethical standards in mind when working with AI, always respecting their clients’ policies and/or restrictions on AI use. As AI develops, it will likely play an even bigger role in legal practice, opening new ways to work smarter and more effectively.

Michael Levatino, Kelicia Raya, and Claire Juneau are members of Kean Miller’s Energy & Environmental Litigation group, which represents energy and petrochemical clients in litigation involving environmental contamination claims related to oil, gas, and petrochemical operations; wetlands, land loss, and erosion claims; NORM defense; superfunds; and midstream operations and pipelines.