The case for generative AI for private practice lawyers

A recent LexisNexis report explored the role of generative AI in the legal sector. We look at why private practice lawyers are overcoming reluctance around generative AI and how to use the tech

The recent LexisNexis report, Generative AI and the future of the legal profession, aimed to understand awareness of generative artificial intelligence (AI) in the legal sector, with a section specifically exploring the ways in which private practice lawyers can apply generative AI.

Private practice lawyers are using generative AI, but less than in-house lawyers, with just over a third (36%) using the tech. Private practice lawyers at small firms use it least of all. Indeed, the LexisNexis report broadly suggests the larger the organisation, the more likely they are to employ generative AI.

None of that is particularly surprising. Private practice is typically more risk-averse and more conservative in its approach to tech. But many private practice lawyers have started to use generative AI in thoughtful and innovative ways, and many have already noticed the substantial benefits it brings.

In this article, we want to explore how private practice lawyers are using generative AI to improve their comms, support user research, train staff, manage risk, and so much more.

How private practice lawyers use generative AI

Private practice lawyers who fail to take advantage of AI will struggle in the marketplace. There are so many incredible uses for AI in private practice and we’ll explore the best below, giving you a sense of how private practice lawyers might employ generative AI in the present and the future.

To boost productivity

Most people have been using generative AI to complete small-scale and non-legal tasks. Private practice lawyers are mainly using text-based generative AI platforms such as ChatGPT. As referenced in the LexisNexis report, the main uses for generative AI at present are early research (66%), briefing memos and documents (59%), and perform document analysis (47%).

Private practice lawyers are using generative AI largely in a non-legal way, similar to its use across the wider economy. In short, most lawyers are using AI to quickly and easily boost productivity. Many of the below tasks, for example, can be quickly improved, optimised, or automated using generative AI:

• Producing memos, briefs, e-mails, documents, and other comms
• Producing content – images, written text, audio, video, coding, and so on
• Ideating and brainstorming to improve processes and operations
• Drafting, negotiating, and analysis contracts

The application options for generative AI seems limitless. The small-scale changes may prove the most revolutionary, with the tech capable of massively boosting productivity and improving comms.

Policy—use of generative artificial intelligence

To support user research

Generative AI can support very specific legal tasks, too. David Halliwell, partner at Pinsent Masons’ alternative legal services business, Vario, highlights legal research as a promising area for the application of generative AI, suggesting the tech could summarise complex information: ‘Using suggested drafting for a clause that relies on a prior draft where the law has since changed has always been a critical knowledge management issue. Generative AI’s ability to pull data from multiple data sources magnifies the risk, as tracing and validating the source will be difficult.’

Using generative AI can certainly help with early legal research, gaining quick and easy access to specific information. ChatGPT will answer questions, for example, or provide sources for further reading. But lawyers must practice caution, as generative AI can produce hallucinations and inaccurate information. Lawyers should retain the human element, not blindly trust the information produced.

How to manage the risks of artificial intelligence in your business

Or, better still, private practice lawyers can turn to trusted sources of AI, such as Lexis+ AI, which has been built and trained on one of the largest repositories of accurate, up-to-date, and exclusive legal content, leveraging an extensive collection of documents and records. The platform minimises human involvement, but simultaneously minimises risk, allowing lawyers to speed up their legal research.

To change the practice of law

Boosting productivity, improving comms, and supporting legal research may just the start. The possible applications of generative AI are endless. In the LexisNexis report, Isabel Parker, partner of Deloitte Legal’s Transform to Operate service, notes just some of the potential changes: ‘It could lead to…the democratisation of legal advice, universal access to justice, market practice replacing two party negotiations, AI-based case resolution, and productivity transformation for lawyers.’

On top of that, Parker suggests it could be used in the area of legal risk management: ‘Generative AI’s ability to digest and analyse large volumes of data from multiple sources makes continuous audit of legal risk across the entire enterprise a real possibility – provided the right guardrails are in place.’

Artificial intelligence—UK regulation and the National AI Strategy

Dr Catriona Wolfenden, product and innovation director at Weightmans, says that generative AI could be used by an expert with domain knowledge to train other staff in the application of law. Trainee lawyers may interact and gain additional insight from the tech – indeed, generative AI can simulate realistic scenarios, based on real-world data, allowing future lawyers to practice and refine skills.

Generative AI may have huge application opportunities in the future. It’s hard to predict exactly how the tech will change the sector. But one thing is certain: it will.