Generative AI in the Attorney-Client Relationship: An Exercise in Critical Revision and Client Management

Authors

Michael L. Smith, St. Mary’s University School of LawFollow

Abstract

Discussions of generative AI in legal practice and education often assert that this technology will lead to a sea change in legal writing, research, and revision. While some of the more breathless proclamations deserve skepticism, there’s little doubt that this technology may generate new forms of headaches for those in the legal field—particularly once it’s in the hands of clients or opposing counsel who wish to use this technology to save the time, money, and effort required for complex legal tasks.

This essay proposes an exercise template for law students that illustrates how generative AI technology may be misused or abused. Presenting students with an AI-generated motion and asking them to reason through a scenario in which a hypothetical client demands that they file the motion tests a number of skills. First, students must critically read and revise the motion—noting shortcomings in AI-generated legal writing and identifying the confident mistakes that permeate the output. Second, and perhaps even more importantly, students must think through how to communicate these mistakes to a stubborn client, requiring them to consider client relationships and motivations and to communicate complex information in a simple, concise, and diplomatic manner. Doing so takes the exercise beyond a practical test of doctrine and legal writing and requires students to wrestle with deeper considerations, including empathizing with client needs, developing their professional identity, and preparing for a world in which generative AI will not only be used but also abused.

Recommended Citation

Michael L. Smith, Generative AI in the Attorney-Client Relationship: An Exercise in Critical Revision and Client Management, 27 SMU Sci. & Tech. L. Rev. 275 (2024)