The legal field is notoriously slow to change, particularly with technology, and the use of AI is no exception. When I first heard about ChatGPT in 2022, I was staunchly against using it. My resistance stemmed from various reasons, but chiefly, I felt like it was “cheating.” Because I have always taken education and good grades very seriously, it was difficult to overcome this mindset.

By mid-2023, however, it became evident not only that ChatGPT was here to stay but that AI was becoming prevalent in many fields. Over the past two years, my keen interest in using technology for project management and developing apps using no-code software evolved into nearly a full-time role. I realized that if I didn’t begin to incorporate AI into my work, I would quickly be left behind in the tech world.

Once I started using AI tools, I realized how narrow-minded I had been. The benefits were immediate and significant, and I regretted not incorporating AI much sooner because it has revolutionized my workflow and saved me hours on administrative tasks. I began reading articles about “prompt engineering” and attending conference sessions dedicated to the use of AI in the legal field. The organization I work for is very open to technology improvements and paid for a ChatGPT account. I began using it for more than just first drafts of emails and started thinking outside the box about the possible ways it could improve my work.

Just about any task you could imagine can, in some way, be completed or enhanced by using AI. I realized there were everyday things I was doing in creating technology databases and analyzing data that warranted its use. While I would still rate myself as a beginner, my mind has opened to the possibilities, so I want to share some of the simplest, most practical uses that paralegals can ethically employ.

Ethical Considerations for AI in the Legal Field

Attorneys bear a high duty of care to their clients’ confidentiality and legal representation, so they are understandably cautious about integrating AI. Here are the high-level rules of thumb for legal practitioners:

Confidentiality: Do not upload client data to public generative AI models such as any ChatGPT account that is not the enterprise version. The reason for this is that these models are continuously trained by users’ input, so uploading client data potentially could make it public.
Verification: Do not rely solely on AI for legal research or advice. Always review AI-generated information for accuracy and relevance. AI can sometimes create what are notoriously known as “hallucinations.” This means that it can make up information that is incorrect or does not exist at all. One way to confirm that the results are not hallucinations is to ask the LLM to provide you with a website link or other reference where you can verify the validity.
Informed Consent: Ensure that law firm supervisors are aware of the use of AI, particularly if any client information is used. Firm administrators may deem it necessary to inform clients that AI may be used throughout the course of their case.
Continuing Education: Paralegals who use AI in their work should stay informed and educated on any changes in artificial intelligence and ways they can improve their safe use of AI tools.

Practical Uses of AI for Paralegals

Below are some ways that paralegals can use large language models (LLMs), such as ChatGPT, Microsoft Copilot, and Gemini in everyday tasks to improve efficiency. As mentioned above, ensure that use of this technology is approved by supervisors before using it during work time.

Drafting and Communication

Drafting Letters and Emails: Create cover letters, emails to clients, and other correspondence by inputting a prompt.
Writing Assistance: Use AI to rewrite text in active voice or with a specific tone.
Templates: Generate templates for legal documents such as complaints, motions, and interrogatories.

Research and Data Management

Legal Research: Find website links to statutes, codes, or case law on specific subjects as a starting point for legal research (ensure the information is legitimate).
Expert Witnesses: Search for expert witnesses on specific subjects and obtain links to their websites.
Subpoena Contact Information: Find contact details for legal departments to subpoena records.

Technical Assistance

Formulas and Analysis: Create formulas for Excel spreadsheets or other software data analysis.
Technical Support: Seek help for rectifying software or hardware issues.

Content Creation

Marketing: Create business marketing social media posts.
Summarization: Summarize large amounts of information, ensuring no PII is included if using a non-secure LLM.

Client Interaction

Client Questions: Generate sample questions to ask clients during interviews based on the type of case.

Transformative Impact of AI on Legal Practice Management

AI is transforming the legal field through various applications in practice management software. These are different from LLMs because they are developed specifically for the legal field and include a closed system that is trained to review legal information and provide specific responses. This means that client confidentiality is protected, and hallucinations are reduced or eliminated completely. Some features of these types of systems are:

Document Review and Analysis: Quickly analyze large volumes of documents, ensuring no PII is included if using a non-secure LLM.
Legal Research: Quickly find relevant case law and statutes to begin legal research.
Drafting Documents: Automate the creation of legal documents.
E-Discovery: Streamline the e-discovery process by summarizing electronic data.
Case Management: Track case progress and deadlines.
Time Tracking and Billing: Automate administrative tasks.
Client Communication: Enhance client interaction and management.
Risk Management: Monitor compliance with legal standards.
Predictive Analysis: Analyze data to predict case outcomes.
Task Automation: Automate routine tasks and workflows.

Most large-scale technology organizations have already rolled out beta-testing AI modules in their online platforms. As AI improves, clients will become more savvy to the possibilities and expect their legal counsel to use it because it makes them more cost-efficient. Would-be clients are already using AI, often in ways that could damage their legal claims, to represent themselves. It will only benefit the legal community to educate its members on the benefits, dangers, and ethical use of AI to stay on the cutting edge and remain efficient, tech-savvy, and competitive.

Rachel Royal, CP, NCCP, graduated with honors from Carteret Community College in 2017, as the Paralegal Graduate of the Year and completed a Bachelor of Science with a concentration in Legal Studies from Charter Oak State College in 2024. She has been in leadership with the North Carolina Bar Association Paralegal Division since 2018, including co-chairing the Division’s Pro Bono Committee. Rachel has worked in family law, insurance defense, and municipal law and has been owner of Royal Touch Project Solutions as a freelance paralegal and project management consultant since 2020. She currently works for Frontline Justice as the Program Coordinator. Rachel has volunteered for multiple legal services organizations over the past eight years and has been instrumental in developing and coordinating several pro bono projects and pro bono-focused CLEs. She lives in Wilmington, North Carolina with her husband, two sons, and toy Australian Shepherd.

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August 14, 2024/by Paralegals