Introduction
Artificial Intelligence (AI) is transforming litigation practice, from research and drafting to discovery and judicial decision-making. While traditional AI has long been used in legal technology, the rise of generative AI (GenAI) presents new opportunities—and new challenges. The upcoming panel discussion will explore the use of AI and GenAI, current regulations, and the practical applications of AI in litigation, while also addressing the risks, ethical considerations, and security concerns that practitioners must navigate.
AI vs. GenAI: What’s the Difference?
AI has been an integral part of legal practice for years, powering tools such as legal research databases, technology-assisted review (TAR), and predictive analytics. Traditional AI relies on structured data, identifying patterns based on predefined rules.
GenAI, on the other hand, creates new content, whether text, summaries, or even synthetic legal arguments, based on large language models (LLMs), which can generate case summaries, draft motions, and even assist in legal research. Understanding these differences is crucial for evaluating how and when to integrate AI into litigation practice.
AI in Legal Research
Litigators are already using AI-powered legal research tools, whether they realize it or not. Platforms like Westlaw Edge and Lexis+ integrate AI-driven features to streamline case-law analysis and highlight relevant precedents.
Emerging GenAI technologies take this further by automating research workflows, identifying key arguments, and even drafting initial legal analyses. However, these tools are not infallible. Hallucinations—instances where AI fabricates legal citations or misinterprets case law—are a known risk. The panel will discuss mitigation efforts such as:
- verifying AI-generated research with authoritative sources;
- following embedded links to case law and statutes; and
- using AI as an assistant, not a replacement, for critical analysis.
AI in Legal Drafting
The panel will discuss how GenAI is reshaping legal drafting. AI-powered tools can assist attorneys in:
- drafting and revising discovery requests and responses;
- generating preliminary versions of briefs and motions; and
- composing correspondence with opposing counsel or clients.
AI in E-Discovery
AI-powered e-discovery tools have existed for years, particularly through TAR models that prioritize relevant documents for review. The integration of GenAI enhances these capabilities, enabling more sophisticated document review and categorization, automated privilege log creation, and summarization of transcripts for case preparation beyond document discovery.
The panel will discuss how AI-driven discovery raises new legal and ethical concerns, including collaboration and disclosure and validation. Some of these questions are:
- Should lawyers disclose their use of GenAI in discovery responses?
- Validation: How can attorneys ensure AI-generated outputs meet accuracy and reliability standards?
Key Concerns: Security, Ethics, and Training
The panel will also discuss how AI presents significant challenges that legal professionals must address, including the following:
- Security risks: AI-generated work product must comply with confidentiality obligations and privilege protections. Law firms should consider using proprietary AI models or in-house solutions to maintain data security.
- Training and prompt engineering: Effective AI use depends on proper prompt engineering—structuring queries in a way that maximizes accuracy and relevance. Attorneys must develop these skills to effectively use AI.
- Deepfakes and misinformation: The rise of AI-generated deepfakes introduces concerns about manipulated evidence and witness testimony. Litigators should be prepared to challenge the authenticity of AI-generated content in court.
Ethical Considerations
Importantly, the panel will highlight the several bar associations that have begun issuing ethics opinions regarding AI use in legal practice, and suggest ways that attorneys can stay informed about evolving guidance, ensuring compliance with professional responsibility rules and best practices.
Conclusion
AI and GenAI are transforming litigation, offering powerful tools for research, drafting, discovery, and judicial decision-making. However, these technologies come with risks that require careful management. It is important that litigators understand the capabilities, limitations, and ethical implications of AI, in order to effectively integrate these tools while maintaining professional integrity and compliance with evolving regulations.
As AI continues to shape the legal landscape, staying informed and adaptable will be key to unlocking its full potential.
Note: The first draft of this article was created using AI.
