By Natalie Lennon
As new lawyers, we were taught in law school how to use technology to our advantage. However, this means there are also ways that the use of technology in the legal profession can go awry. Artificial Intelligence (AI) is the most prominent example of a technology that has many helpful uses, and some pitfalls.
Artificial Intelligence (AI)
Artificial intelligence refers to computer systems that can perform complex tasks usually done by humans, such as reasoning, decision-making, creating, drafting, etc. Because of AI, attorneys can produce better legal work in fewer hours, benefiting clients greatly.
Some lawyers hesitate to incorporate AI into their practice, partly because AI raises ethical questions and risks, such as compromising confidential client data, or waiving attorney-client and attorney work product privileges.
Recently, lawyers and law firms have gotten sanctioned for failing to check case citations generated by AI. In June 2023, two New York attorneys filed a brief written by ChatGPT, which included citations to six non-existent cases and erroneous quotes. It is a cautionary tale that led to sanctions and public scrutiny.
In February of 2025, a federal court fined an attorney for “hallucinated” AI citations. When AI generates plausible but false text, this is a ‘hallucination.’
The court found that lawyers have an ethical duty to check the cites used in their legal filings and “read the case to ensure the excerpt is existing law to support their propositions and arguments.” Judge Kelly H. Rankin, the US District Court for the District of Wyoming. Wadsworth v. Walmart Inc., D. Wyo., No. 2:23-cv-118-KHR
On July 29, 2024, the ABA Standing Committee on Ethics & Professional Responsibility issued Formal Opinion 512, Generative Artificial Intelligence Tools. In Formal Opinion 512, the ABA stated.
“To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.” Id.
I have compiled a list of key do’s and don’ts below to help guide you through best practices.
Do:
1. Start Using AI with Simple Tasks: To familiarize yourself with AI tools before applying them to more complex legal work, begin with low-stakes tasks such as document summarization or text editing.
2. Leverage AI for Efficiency: Use AI to legal research, contract review, and predictive analysis tasks.
3. Critically Review Answers: Always validate AI-generated content to align with legal standards and client interests. AI tools are not foolproof and require human oversight to avoid errors or omissions.
4. Maintain Ethical Standards: Adhere to ethical obligations such as client confidentiality, informed consent, and competence when using AI tools.
5. Invest in Training: Gain a basic understanding of how AI works and its limitations.
6. Experiment with Different Tools: Explore various AI platforms, such as Casetext’s CoCounsel, Westlaw Edge, or MyCase IQ, to find the tools best suited to your practice needs.
7. Treat AI as a Tool, not a Decision-Maker: Use AI to assist your thinking, never to replace it.
8. Stay Updated on AI Ethics and Bar Guidance: Regularly check with the State Bar of Michigan and the ABA for updates, opinions, and rules involving AI and legal practice.
Don’t:
1. Rely on AI for Legal Research Without Independent Verification: Always verify the facts and conclusions yourself. AI tools can assist, but the final responsibility lies with you.
2. Submit AI-Generated Content Without Review: As discussed above, copying and pasting from AI without proofreading or fact-checking can lead to ethical violations and sanctions.
3. Input Confidential Client Data: Treat AI like any third-party service provider. Avoid inputting sensitive client data to adhere to ethical standards such as client confidentiality and informed consent.
4. Misunderstand AI’s Limitations: New lawyers might assume AI can handle complex legal reasoning or strategic decision-making. However, AI tools are best suited for repetitive tasks like document review or research, and cannot replace nuanced legal judgment or human expertise.
5. Assume AI is Always Neutral or Unbiased: AI tools can reflect biases in their training data.
6. Ignore It: Lawyers and firms that resist AI will fall behind.
7. Stop Learning: The best lawyers will be the ones who keep adapting and staying informed.
AI is a powerful tool for legal professionals, but it does not replace the need for legal expertise and judgment. While it can streamline processes and enhance efficiency, lawyers must remain vigilant about their ethical duties and responsibilities.
Natalie Lennon is a health law attorney with a background in regulatory compliance, healthcare transactions, and administrative law. With an LLM in health law from Loyola University Chicago School of Law, she advises providers and institutions in navigating federal and state healthcare regulations. Before focusing on health law, Lennon gained experience in general practice, which informs a well-rounded, strategic approach to client advocacy. She is admitted to practice in Minnesota and Michigan and is active in professional organizations focused on health law and policy. Lennon values collaboration across legal disciplines and is committed to delivering practical, business-oriented solutions. She can be reached at nlennon@chapman-lawgroup.com or at 248-644-6326.
(Reprinted with permission from the Washtenaw County Legal News newsletter Res Ipsa Loquitur.)
As new lawyers, we were taught in law school how to use technology to our advantage. However, this means there are also ways that the use of technology in the legal profession can go awry. Artificial Intelligence (AI) is the most prominent example of a technology that has many helpful uses, and some pitfalls.
Artificial Intelligence (AI)
Artificial intelligence refers to computer systems that can perform complex tasks usually done by humans, such as reasoning, decision-making, creating, drafting, etc. Because of AI, attorneys can produce better legal work in fewer hours, benefiting clients greatly.
Some lawyers hesitate to incorporate AI into their practice, partly because AI raises ethical questions and risks, such as compromising confidential client data, or waiving attorney-client and attorney work product privileges.
Recently, lawyers and law firms have gotten sanctioned for failing to check case citations generated by AI. In June 2023, two New York attorneys filed a brief written by ChatGPT, which included citations to six non-existent cases and erroneous quotes. It is a cautionary tale that led to sanctions and public scrutiny.
In February of 2025, a federal court fined an attorney for “hallucinated” AI citations. When AI generates plausible but false text, this is a ‘hallucination.’
The court found that lawyers have an ethical duty to check the cites used in their legal filings and “read the case to ensure the excerpt is existing law to support their propositions and arguments.” Judge Kelly H. Rankin, the US District Court for the District of Wyoming. Wadsworth v. Walmart Inc., D. Wyo., No. 2:23-cv-118-KHR
On July 29, 2024, the ABA Standing Committee on Ethics & Professional Responsibility issued Formal Opinion 512, Generative Artificial Intelligence Tools. In Formal Opinion 512, the ABA stated.
“To ensure clients are protected, lawyers using generative artificial intelligence tools must fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.” Id.
I have compiled a list of key do’s and don’ts below to help guide you through best practices.
Do:
1. Start Using AI with Simple Tasks: To familiarize yourself with AI tools before applying them to more complex legal work, begin with low-stakes tasks such as document summarization or text editing.
2. Leverage AI for Efficiency: Use AI to legal research, contract review, and predictive analysis tasks.
3. Critically Review Answers: Always validate AI-generated content to align with legal standards and client interests. AI tools are not foolproof and require human oversight to avoid errors or omissions.
4. Maintain Ethical Standards: Adhere to ethical obligations such as client confidentiality, informed consent, and competence when using AI tools.
5. Invest in Training: Gain a basic understanding of how AI works and its limitations.
6. Experiment with Different Tools: Explore various AI platforms, such as Casetext’s CoCounsel, Westlaw Edge, or MyCase IQ, to find the tools best suited to your practice needs.
7. Treat AI as a Tool, not a Decision-Maker: Use AI to assist your thinking, never to replace it.
8. Stay Updated on AI Ethics and Bar Guidance: Regularly check with the State Bar of Michigan and the ABA for updates, opinions, and rules involving AI and legal practice.
Don’t:
1. Rely on AI for Legal Research Without Independent Verification: Always verify the facts and conclusions yourself. AI tools can assist, but the final responsibility lies with you.
2. Submit AI-Generated Content Without Review: As discussed above, copying and pasting from AI without proofreading or fact-checking can lead to ethical violations and sanctions.
3. Input Confidential Client Data: Treat AI like any third-party service provider. Avoid inputting sensitive client data to adhere to ethical standards such as client confidentiality and informed consent.
4. Misunderstand AI’s Limitations: New lawyers might assume AI can handle complex legal reasoning or strategic decision-making. However, AI tools are best suited for repetitive tasks like document review or research, and cannot replace nuanced legal judgment or human expertise.
5. Assume AI is Always Neutral or Unbiased: AI tools can reflect biases in their training data.
6. Ignore It: Lawyers and firms that resist AI will fall behind.
7. Stop Learning: The best lawyers will be the ones who keep adapting and staying informed.
AI is a powerful tool for legal professionals, but it does not replace the need for legal expertise and judgment. While it can streamline processes and enhance efficiency, lawyers must remain vigilant about their ethical duties and responsibilities.
Natalie Lennon is a health law attorney with a background in regulatory compliance, healthcare transactions, and administrative law. With an LLM in health law from Loyola University Chicago School of Law, she advises providers and institutions in navigating federal and state healthcare regulations. Before focusing on health law, Lennon gained experience in general practice, which informs a well-rounded, strategic approach to client advocacy. She is admitted to practice in Minnesota and Michigan and is active in professional organizations focused on health law and policy. Lennon values collaboration across legal disciplines and is committed to delivering practical, business-oriented solutions. She can be reached at nlennon@chapman-lawgroup.com or at 248-644-6326.
(Reprinted with permission from the Washtenaw County Legal News newsletter Res Ipsa Loquitur.)
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