Key insights:

• • • Law firms have moved from restricting GenAI use (Don鈥檛 use tools that leak client data) to mandating it (Incorporate AI into your practice and market our firm鈥檚 GenAI capabilities)鈥斕齆either phase has given rank and file lawyers what they really need: Guidance on in which instances GenAI actually helps deliver better, cheaper, and faster legal services, where it introduces serious professional risk, and how to tell the difference.

    • GenAI鈥檚 capacity to transform legal work for the better is real, but so is its capacity to degrade it听鈥擥enAI can significantly boost speed and quality on tasks involving breadth, synthesis, or straightforward analysis, but it can weaken performance on complex judgment and revision tasks 鈥� especially for stronger professionals 鈥� by encouraging overconfidence, missed issues, and superficial reasoning.

    • A use-mode framework can close the听gap鈥� A proposed governance framework can give law firm leadership a practical tool for identifying in which situations GenAI enhances legal work, where it introduces serious risk, and where professional judgment is non-negotiable.

This article synthesizes findings from the author鈥檚 paper,

Your law firm undoubtedly has a policy around generative AI (GenAI), which probably tells lawyers to avoid tools that leak client data, admonishes them to look out for hallucinations, and encourages them to incorporate AI into their practice to satisfy client demands.

However, it likely does not tell them which cognitive functions they should delegate to GenAI, which they should not, and where the line between the two is absolute. In the space between restriction and mandate, lawyers are making consequential decisions about GenAI delegation every day. Meanwhile, most law firms have not addressed that space with meaningful governance.

GenAI can make legal work worse

GenAI鈥檚 capacity to transform legal work for the better is real, but so is its capacity to degrade it. Most law firm leaders know that AI can hallucinate; yet far fewer know that it can make expert legal judgment and work product actively worse.

The best evidence of this dynamic comes from a with consultants from the Boston Consulting Group, who were given similar tasks and allowed to use various levels of AI assistance, including no AI. For professional tasks requiring breadth and option generation, GenAI delivered, showing that output quality improved by 40% and consultants worked faster. For tasks requiring judgment and synthesis, however, something unexpected happened. Consultants using GenAI were 19% less likely to produce correct solutions than those working without it.

Governing GenAI鈥檚 uneven performance requires asking a question that most law firms are not asking: What cognitive function is being delegated to GenAI at each step in the workflow?

The same pattern appears in research evaluating GenAI use in legal analysis. An empirical in the Journal of Legal Education confirmed that AI dramatically improves performance on straightforward analysis while producing no measurable benefit for complex reasoning. And in the case of complex reasoning, GenAI use also introduced recurring failures, such as jumping to conclusions, missing less obvious issues, and generating confident prose that masks superficial analysis.

from the University of Minnesota focused on legal tasks showed that GenAI assistance on a synthesis task improved performance by nearly 60% and produced a surprising downstream benefit. Those participants who used AI for synthesis outperformed the control group on the subsequent independent reasoning task even after GenAI was removed. However, when GenAI was introduced at the revision stage, the picture changed. GenAI helped weaker performers, but it actively degraded the work of stronger ones. Indeed, the best lawyers in the study produced worse revised work product when they used GenAI than when they worked without it.

A use-mode governance framework

Given all these findings, governing GenAI鈥檚 uneven performance requires asking a question that most law firms are not asking. Instead of determining whether GenAI is appropriate for a particular deliverable 鈥� such as a brief, a contract, or a board presentation 鈥� the governance question instead should be: What cognitive function is being delegated to GenAI at each step in the workflow?

My proposed framework, outlined below, organizes common GenAI uses into seven recurring modes following the sequence in which lawyers actually use GenAI to produce legal work product. Then, governance controls are calibrated to the risk profile of each mode.

Modes 1 and 2: Retrieval and organization

At the mechanical end of the cognitive spectrum are two distinct functions. In retrieval mode (Mode 1), a lawyer reviewing a merger agreement asks GenAI to identify every representation and warranty in the document. In organization mode (Mode 2), a litigator reviewing 50 depositions asks GenAI to construct a timeline from the testimony. The first locates material that already exists. The second arranges it into a usable structure. No new content is created in either case, and both uses are low-risk and should be actively encouraged, subject to modest verification controls. Firms that unduly restrict these use modes are leaving value on the table.

Mode 3: Summarization

Summarization (Mode 3) introduces selection risk. In this mode, GenAI chooses what to emphasize, include, and omit. Consider a lawyer preparing a board presentation on the results of an internal investigation. GenAI can condense dozens of witness interviews into key points and themes in minutes; however, a summary may focus on procedural detail while missing credibility issues that a lawyer would immediately recognize as material. The appropriate control is to mandate meaningful review by a lawyer with first-hand knowledge of the source material. A lawyer encountering the summary cold has no reliable way to evaluate what GenAI missed.

Mode 4: Candidate generation

Mode 4 is exploratory. A lawyer drafting a brief might ask GenAI to generate a list of potential arguments, propose alternative framings, or identify supporting authority. This candidate material expands options and accelerates iteration. The work product is not filing-ready and must be treated as provisional. GenAI can suggest, but a lawyer must decide.

The authority verification obligation at this stage deserves special emphasis. GenAI will identify cases, summarize holdings, and weave them into an argument structure. Thus, the output will read fluently and cite real-looking cases. However, a lawyer cannot assume the model has accurately characterized the holdings or context, and any authority cited in an external filing must be independently read and verified. GenAI can help find the cases, but a lawyer must read and apply them.

Mode 5: Editing and rewriting

In Mode 5, a lawyer asks GenAI to tighten a dense contract provision or restructure a wordy paragraph, risking, of course, unintended meaning change. An edit may read cleanly while subtly narrowing a representation, softening a covenant, or eliminating a carve-out. The revision risk is not hypothetical. The University of Minnesota study referenced above found that stronger performers produced worse work product when GenAI revised their independently produced memos. In this mode, a lawyer must confirm that the edit produced no shift in meaning and introduced no new factual assertions.

Mode 6: Critique and stress-testing

Mode 6 may be the most underutilized GenAI capability. Before filing a brief or presenting to regulators, a lawyer can ask GenAI to identify weaknesses in their argument. In this way, GenAI finds vulnerabilities before adversaries do; and unlike every other mode, the risk here runs in one direction. Lawyers who skip this step are missing one of GenAI鈥檚 core value propositions. Law firms鈥� governance frameworks should not merely permit it but actually require it in appropriate cases.

Mode 7: Evaluation and decision

The boundary against AI delegation becomes absolute when GenAI is asked to evaluate or decide. A lawyer advising a board on whether an event requires disclosure cannot delegate that determination to GenAI. A litigator assessing settlement value cannot outsource probability judgments because these are core expressions of professional responsibility. In this mode, GenAI may inform background analysis, but it may not substitute for lawyer judgment in making the call. This is a categorical prohibition 鈥� professional judgment cannot be delegated.

Going forward with GenAI

Law firm leaders who have moved their GenAI policy from restriction to mandate without governing the space between have not finished the job. Their lawyers are making consequential decisions about GenAI use every day without the guidance they need and deserve.

The use-mode framework presented above gives firm leadership a practical tool for filling that gap. It identifies the instances in which GenAI enhances legal work, where it introduces serious risk, and where professional judgment is non-negotiable. Firms that govern at that level will capture GenAI鈥檚 value; and those firms that do not will have policies that look serious but govern nothing important.

The views expressed in this article are solely those of the author in his individual capacity and do not represent the views, positions, or opinions of Foley & Lardner LLP, its partners or clients, or the University of Wisconsin Law School.

Key findings:

• • • Law students understand risks and opportunities of AI use 鈥� Almost three-quarters (72%) of students surveyed say they see AI literacy as essential, while an even larger portion (74%) say they also recognize the risks of over-reliance.

    • Student AI adoption is already widespread 鈥� Almost 6 in 10 law students use AI several times per week for academic work, but much of this learning is happening through self-education rather than structured teaching.

    • AI guidance in law schools remains inconsistent 鈥� Close to a majority (48%) of students report that AI policies vary by professor, and almost one-third (32%) say that their schools do not give them the AI skills needed for their future career.

There is a significant and growing divide between how law students understand artificial intelligence and how legal institutions, such as law schools, are responding to it, according to a new 成人VR视频 Institute white paper.

The , based on responses from more than 1,800 law students that were collected in April 2026, challenges two assumptions that have long dominated institutional thinking. The first is that students are reckless adopters who use AI to bypass the hard cognitive work of legal education. The second is that students are passive and uninformed consumers of a technology they do not fully grasp. The data shows that neither characterization is accurate.

In reality, 72% of responding students identify AI literacy as an essential professional skill, while 74% simultaneously acknowledge that over-reliance on AI could undermine the development of their own core legal competencies. Holding both of these positions in tandem reflects a level of professional maturity that many institutions have yet to demonstrate in their own policies and curricula.

The survey also exposes a serious institutional gap. Nearly one-third of students report that their school does not provide the AI skills needed for their future legal careers. And nearly half indicate that AI policies vary by professor, leaving students without coherent and consistent institutional guidance on what responsible AI use actually looks like.

Far-reaching consequences

The consequences of this AI-understanding gap extend well beyond the classroom. Students are entering the workforce self-taught and inconsistently prepared, at a moment when legal employers are moving quickly to embed AI fluency into their hiring and development expectations. The profession is at risk of producing graduates who are sophisticated enough to recognize the stakes but underprepared to meet them.

The full white paper outlines specific, actionable recommendations for law schools, bar associations and accreditors, and legal employers to follow to better address this gap in AI understanding.

To learn what students are asking for and what the legal profession must do next, you can access a full copy of the white paper here

Key insights:

• • • UK law firms face a more selective growth market in 2026听鈥� Client demand remains steady, but external legal spend expectations have cooled, with growth concentrated in areas such as Regulatory, Labor & Employment, and international work.

    • Legal expertise alone is no longer enough 鈥� UK legal buyers increasingly favor law firms that combine technical excellence with commercial judgment, business understanding, and practical guidance aligned to client priorities.

    • AI adoption is becoming a client expectation听鈥� Corporate legal teams are moving faster than their outside law firms on GenAI, and many UK legal buyers now expect outside counsel to use AI to improve efficiency, workflows, and the quality of legal work.

The legal market in the United Kingdom today has shifted into a new normal. While law firms saw an explosion of demand and spending immediately following the pandemic, increasing client caution has resulted in a shift in priorities. Today鈥檚 law firms cannot simply rely on their old ways of providing legal service to succeed, as UK clients expect firms to combine expertise, commercial judgment, international reach, and visible AI-enabled improvements in how legal work is delivered.

Jump to 鈫�

2026 State of the UK Legal Market

A new report from the 成人VR视频 Institute, “2026 State of the UK Legal Market,” reveals how the UK legal market is shifting, as more judicious clients are beginning to force law firms to reassess their strategy. Overall anticipated net spend from legal clients has seen declining growth rates in recent years, and while some practices like Regulatory and Labor & Employment continue to see strong demand growth, other practice areas such as Insurance, IP, and Disputes face potential contraction.

This shift is also guided by emerging buyer preferences. The report reveals an increasing commerciality to the UK legal market, one in which clients increasingly favor advisors that combine legal excellence with commercial judgement, and those that are leveraging AI to bolster not only efficiency but improve the overall legal work product.

Taken as a whole, the report paints a picture of clients that now are moving faster than their outside legal advisors, strengthening their internal capabilities, and setting clearer (and higher) expectations. This means that UK law firms cannot rest on their laurels, as clients increasingly push their outside firms to keep up with new business challenges.

The market is cautious, but opportunity remains

The report reveals that UK legal buyers are more cautious about external legal spend than they have been at any point in the last five years. That may mean law firms can no longer rely on the broad-based demand that defined the post-pandemic period and instead need to be more precise about where opportunity exists 鈥� and where it doesn鈥檛.

The report tracks buyer sentiment through net spend anticipation (NSA), which measures the share of buyers expecting to increase external legal spend over the next 12 months minus those expecting to decrease it. Since its 2021 peak, UK NSA has fallen steadily to +5 percentage points in 2025, returning the market to the more stable, single-digit baseline that was seen before the pandemic.

For those law firms looking to capture increased business, the report makes clear that legal expertise is now the price of entry, not the point of differentiation. The firms that stand out will be those that know how to apply their expertise in ways that reflect the client’s business realities.

Indeed, that is becoming even more important as corporate legal departments face growing pressure to demonstrate their own value to the wider organization, and they鈥檙e increasingly pointing to improvements in their own quality and effectiveness even before mentioning cost savings, efficiency, or time savings. Not surprisingly, more than one-third of UK legal buyers now cite business savviness as a reason they favor a particular law firm.

To help demonstrate their internal value, clients are pushing their outside law firms to leverage advanced technology to improve the overall effectiveness of legal work. Of course, this has resulted in a clear gap, the report notes, between how corporate legal teams are moving and how law firms are responding. For instance, the report shows that more than half of UK corporate legal respondents say their organizations are already using GenAI tools across the business, compared with just about one-third law firm respondents who said this.

That difference in outlook matters because clients increasingly believe AI will become a larger part of how legal work is delivered, and they鈥檙e not content to simply wait and see whether their outside counsel will fully adopt the technology. Indeed, corporate legal departments are expecting their outside law firms to keep pace with how legal work is changing, and they will reward those firms that do.

You can download

a full copy of the 成人VR视频 Institute’s “2026 State of the UK Legal Market” by filling out the form below:

Key points:

• • • AI capability is jagged 鈥� Ethan Mollick’s frontier metaphor describes a coastline of strengths and weaknesses, in which a model that excels at contract analysis can fabricate a citation in the same conversation.

    • Human intelligence is jagged too 鈥� A century of psychology, from multiple intelligences to the Big Five, shows that each lawyer has their own coastline of strengths and weaknesses.

    • Person-AI fit is the next discipline 鈥� Firms that take this seriously will move from one-tool deployments to portfolios that match each lawyer to an AI partner whose jagged edges meet theirs.

Welcome back to The AI Law Professor. Last month, I examined how AI first drafts can blind us to other lines of reasoning and hijack our legal judgment. This month, I want to take up what determines whether an AI works for any given lawyer at all: Not which model is best, but which model is best for this lawyer, on this kind of work, at this point in their career

Professor and author gave us the metaphor that started this conversation 鈥� the jagged frontier of AI capability. Picture a coastline, irregular and unpredictable. On one side, the model is capable; on the other, it fails, sometimes catastrophically. The line itself does not run where you expect. Tasks that look hard turn out to be easy, and tasks that look easy turn out to be hard.

In terms of legal work, this means that a model that has just produced a useful contract analysis will confidently invent a citation. A model that has summarized a 90-page deposition with insight will fail at basic arithmetic. The capabilities of AI form a coastline, with bays and inlets and the occasional cliff. Mollick’s contribution was to give us a way to see this clearly. AI is not uniformly competent or uniformly incompetent 鈥� rather, it is jagged.

Humans are jagged too. Psychology has been telling us this for a century, although the message is uncomfortable enough that we keep flattening it back into a single number. The single-number version is IQ; yet the deeper issue with IQ is that it pretends intelligence is one-dimensional.

Developmental psychologist Howard Gardner’s , whatever its empirical limits, points us toward a more honest picture, one in which linguistic, logical-mathematical, spatial, musical, interpersonal, intrapersonal, and kinesthetic intelligences, are each largely independent. People are not equally strong across all these dimensions. So, it follows that a great trial lawyer and a great patent lawyer are drawing on different intelligences, and each could be lost in the other’s territory.

Human intelligence, like AI capability, is jagged, and each of us has an edge. The jaggedness is not a flaw to be smoothed; rather, it鈥檚 a feature of being a unique individual.

When two jagged edges meet

Place the two coastline maps 鈥� the human and the AI model 鈥� side by side. Press them together at random and they grind, with gaps where neither side fills the space and ridges where both claim the same territory. The lawyer’s strength overlaps with the AI model’s strength, so neither is amplified. The lawyer’s weakness overlaps with the model’s weakness, so neither is covered. The pair produces less than either party would produce alone.

However, align the same two surfaces with attention to their contours and something different happens. The peaks of one fit the valleys of the other. The lawyer’s weakness is met by the model’s strength; and the model’s weakness is met by the lawyer’s strength. The pair becomes more capable than either party alone.

A law firm that takes this seriously will not deploy a single AI tool across all of its lawyers and call the rollout complete. It will offer a portfolio of models and configurations and help each lawyer find the AI partner that works with their actual mind.

Every foundational model now ships with a model card, a document describing the model’s intended uses, training data, performance characteristics, and known limitations. The cards exist because models are not interchangeable. Read three of these cards side by side and the matching question becomes clear. A cautious generalist that hedges and flags uncertainty fits a lawyer who already holds strong views and wants a partner that will test them. A citation-anchored specialist that refuses to invent cases and stays grounded in retrieval fits a lawyer in heavily regulated practice areas in which errors are catastrophic.

The matchmaking discipline

Organizational psychology has worked on a version of this problem for 50 years under the . When a person’s strengths, values, and working style align with the demands and culture of their role, performance and well-being both rise. When they misalign, performance drops and burnout follows.

The same logic applies to person-AI fit. On the human side, cognitive style, domain expertise, personality profile, and the actual tasks performed in a typical week are key. On the AI side, behavior under different prompt styles, default tone, willingness to push back, hallucination patterns, and the shape of strengths and weaknesses across the practice areas in question may matter most. Yet, law firms are still treating AI procurement as a software decision rather than a partnership decision.

A law firm that takes this seriously will not deploy a single AI tool across all of its lawyers and call the rollout complete. It will offer a portfolio of models and configurations and help each lawyer find the AI partner that works with their actual mind. The first generation of legal AI has been dominated by the question of which model is best; however, the second generation will be dominated by a different question: Not which model, but which pairing works best. Not capability, but fit.

Those lawyers that flourish with AI will not necessarily be the most technical or the most enthusiastic users. Instead, they will be the ones that found, by luck or by design, an AI partner whose jagged edges meet theirs.

When two jagged intelligences fit well together, they can accomplish more than what either 鈥� human or AI 鈥� could do alone. Today, fit is the frontier.

Tom Martin is CEO & Founder of LawDroid, Adjunct Professor at Suffolk University Law School, and author of the forthcoming

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Key highlights:

• • • AI simulation can replace the “repetition loop” used to train junior lawyers 鈥� AI is taking over the repetitive work junior lawyers used to learn from and replacing it with simulation-based learning.

• • • Three design pillars can determine whether AI simulations will work 鈥� The best simulation tools are built around three pillars: clear learning goals, realistic unpredictability, and specific feedback.

• • • AI simulation tools offer law students spaces to fail 鈥� For law students and junior lawyers, simulation creates a rare low-risk space to practice, make mistakes, and improve.

For decades, junior lawyers learned by doing. Assignments landed on their desks, senior lawyers marked them up, and judgment accumulated through repetition and proximity to experience. Now, as AI takes over these foundational tasks, that repetition loop is breaking down, according to , which underscores how junior lawyers are being thrust into higher-level advisory work far earlier in their careers. Unfortunately, this is occurring before they have developed the instinctive gut feel for judgement that only comes from years of experience.

and , co-founders of legal training platform , and , Executive Director at the Stanford Law School鈥檚 (liftlab) all say they see the need to build new educational programs and pedagogical tools. And these learning capabilities must be heavily focused on the specific skill sets that underlie the judgment of drafting and the judgment of taking a deposition, explains Dr. Ma.

AI and the cultivation of legal judgment

The broken repetition loop demands a substitute that underscored the implicit teaching of legal judgement in the early years of practice. Simulation-based learning is the profession’s most promising answer, and the idea predates AI.

Moot courts and mock trials have existed for years because of the stark difference between understanding something in theory and executing under pressure. Historically, however, simulation was costly as delivering experiential learning to small groups required significant expertise and time from multiple individuals. AI changes that equation by offering scalability at a level the legal profession never could access before. Indeed, role-playing is one of the greatest strengths of AI models, says Dr. Ma.

The traditional dynamic in legal education, in which law schools teach lawyers how to think, and law firms teach lawyers how to practice is no longer tenable as AI-enabled legal practice grows.

Legal judgment has always been difficult to define and nearly impossible to teach directly. Partners describe it as instinct or as something accumulated after enough transactions, depositions, and hard experience. AI simulation 鈥� if designed with enough precision to force real decision-making 鈥� can create the repetitive environments in which that judgment can be developed.

These AI simulation tools work best when designed around three pillars: i) clear learning goals; ii) realistic unpredictability; and iii) specific feedback.

First, a rubric tied to clear learning objectives needs to be established. According to AltaClaro鈥檚 Liles, this rubric must be paired with a feedback loop that鈥檚 anchored to specific skills and expected judgment calls. AltaClaro has been offering online, simulation-based training to the Am Law 200 for almost a decade and uses AI-powered feedback in its simulation tools.

Second, realistic unpredictability needs to be built in. For example, AltaClaro’s uses a lightly scripted framework that gives the witness a fixed truth and significant freedom within it, offering a scenario with enough unpredictability to force adaptation. This non-determinism makes AI outputs difficult to control in some contexts and becomes the source of realistic pressure in a simulation. The tool currently covers commercial and employment litigation deposition simulations, and there are plans to roll out other deposition scenarios, including IP, securities, mass tort/product liability, and antitrust over the next six months.

To further enable adaptation, Dr. Ma and her team inserted personality dials into liftlab鈥檚 deposition simulation tool. Instructors can push a witness toward the extreme of forgetfulness, evasiveness, or hostility. The user must find a path through behavior that no script could have anticipated. Repetitive use of these tools allows the instinctual learning of legal judgement. Similarly, DepoSim, which uses as its underlying engine, also allows for adjustments in witness cooperation or hostility and the opposing counsel’s aggressiveness.

Finally, feedback is the third critical design pillar. Both tools evaluate the user鈥檚 performance with feedback, which can include instances in which the attorney held their ground, or in which a vague answer was allowed to slide, or when an opening to gain ground was missed entirely. Feedback of this specificity is what allows simulations to most mimic practice and transform repetition into learning.

AI simulation tools work best when designed around three pillars: clear learning goals; realistic unpredictability; and specific feedback.

Of course, user experience is the design element that determines whether all of the above actually gets used. Shayesteh describes the range of ways the DepoSim tool is being used in practice to teach judgement. For example, one litigation chair ran the tool as a live teaching demonstration in front of 500 attorneys and paused to narrate decisions as events unfolded on screen. Also, mentor-mentee pairs are using the tool’s embedded feedback as the foundation for coaching conversations; and associates with upcoming real depositions are using the tool for targeted preparation.

AI simulations in law schools

The traditional dynamic in legal education, in which law schools teach lawyers how to think, and law firms teach lawyers how to practice is no longer tenable as AI-enabled legal practice grows. Dr. Ma says she sees simulation fitting naturally into existing experiential courses such as negotiation workshops, trial advocacy classes, and mediation seminars, serving as a between-class practice layer.

Of course, the greatest benefit of AI simulations in law schools is the creation of safe spaces for students to fail, Dr. Ma notes, describing how the law offers very few environments in which failure carries no consequences. Encountering transactions that go wrong, learning to manage impossible witnesses, and experiencing negotiations that collapse in a controlled setting are invaluable experiences for future lawyers 鈥� and now they can be experienced through simulations.

Although signs of progress are visible across the profession, resistance remains entrenched. “The profession needs to wake up and look at training as a really core strategic piece of the [learning] process,” Lilies says, adding that without intentional, rubric-based simulation infrastructure, the default is handing associates a set of AI tools and pointing them toward the work. This approach produces productivity without judgment and will result in lawyers generating AI output without a full understanding of what makes it right or wrong.

As AI tools proliferate across legal workflows, legal education needs to transform in tandem. “Law schools have to embrace this to really prepare students for the world that is three to four years away, by giving them the opportunity to increase reps and receive feedback based on a structured rubric and framework,鈥� explains Shayesteh. 鈥淚t is the best gift you can give them.”

You can find more about the

Key insights:

• • • AI is changing how lawyers develop judgment and expertise 鈥� As AI takes over more legal tasks, firms must ensure that lawyers still gain the experience, reasoning skills, and confidence needed to become excellent practitioners.

    • Law firm leaders must redesign training for an AI-enabled profession 鈥� Beyond adopting AI, law firms need intentional systems for mentorship, feedback, workflow, and evaluation so AI supports lawyer development instead of weakening it.

    • The best firms will use AI to build better lawyers, not just faster work 鈥� Long-term success will depend on whether firms use AI to strengthen human judgment, critical thinking, and client service, rather than replacing them.

For law firms looking to deliver greater value, AI taps into an obvious opportunity to enhance efficiency, accelerate work product delivery, and reduce expenses. With clients as our guiding North Star 鈥� shaping our decisions and defining our purpose 鈥� this is an opportunity that we enthusiastically embrace.

It is tempting, however, to focus only on how AI is changing the way lawyers deliver legal services as legal teams today publicize their deployment of AI tools and track utilization rates. However, firm leaders also need to ask more fundamental questions: How is AI changing the way attorneys learn? Are the assumptions that we have historically made about how we gained expertise and judgment still accurate, or were we conflating causation with correlation? Fundamentally, what does it mean to be a great lawyer, and how will law firms like ours continue to create great lawyers?

A new model for learning

Law firm leaders are facing a far deeper challenge than driving efficiency through technological adoption. We are now tasked with that produce excellent, client-centered attorneys in an environment in which many traditional development pathways are being transformed.

The core apprenticeship model for lawyer development has existed for thousands of years. The case method of formal legal education 鈥� created around 1869 by Harvard Law School Prof. Christopher Langdell 鈥� is a relatively newer phenomenon, but it is hardly new. Roughly six generations of lawyers in the United States have been on the receiving end of the same basic inputs: Case-based instruction followed by apprenticeship, grounded in repetition and increasing complexity over time.

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It is tempting, however, to focus only on how AI is changing the way lawyers deliver legal services. However, firm leaders also need to ask more fundamental questions.

We reasonably assume that this is how one learns to think like a lawyer 鈥� and how we move talented junior lawyers from 1Ls to senior, expert practitioners. The prevailing belief is that lawyers can only learn judgment by muscling through thousands of genuine problems and through the friction that comes from making and fixing mistakes. Yet, these beliefs are largely inferential. We know how we were educated and how we practice, and we know what resulted. We have evidence about the conditions under which expertise developed, but not definitive proof of causation.

With the advent of AI, truly understanding how we make exceptional lawyers matters enormously. Much of the time-consuming work associated with lawyer development can now be completed, or at least materially assisted, by various AI tools. If these tasks were simply an inefficient use of our time, then nothing much is lost. However, if those efforts were integral to developing legal judgment, then their disappearance creates the real risk that we are weakening the very capabilities upon which our profession depends.

We are, in other words, interfering with a developmental system without understanding which component parts are essential to retain.

Leadership in an AI age

That shift reframes the role of leadership. Leaders cannot simply roll out AI tools and tout productivity gains 鈥� to do so risks losing essential developmental opportunities to gain judgment and expertise and produces lawyers that are little more than a set of hands for AI systems. Yet, ignoring the extraordinary capabilities of AI is not an option, either. Instead, leaders must become systems design architects, structuring legal work, training, and feedback in ways that preserve the conditions most likely to produce exceptional, client-centered lawyers.

To do this, leaders in which AI supplements but does not replace effortful thinking, creates opportunities for reflection and feedback, and ensures that lawyers remain active participants in reasoning rather than passive editors of machine-generated output. All the while, law firm leaders also must create environments of trust and connection, without which great legal teams cannot be built.

Clearly, AI introduces both risks and opportunities into our historical education and development models. Beautifully crafted AI work product can create the illusion of competence but may create scenarios in which lawyers fail to grasp fully the underlying reasoning. Over time, this can lead to cognitive offloading and shallow understanding.

If attorneys rely excessively on AI tools, they risk becoming mere managers of AI-generated outputs. Unless human expertise and judgment are fully integrated with the AI tools, those outputs run the risk of being homogenized. AI can also create fear for the future, a condition under which it is nearly impossible to learn, and which would reduce human engagement from which essential observational learning occurs. Without internalizing knowledge and gaining genuine expertise, future lawyers may never learn the fundamental judgment needed to solve clients鈥� most complex problems.

At the same time, AI deployed well can become . AI can play devil鈥檚 advocate, create mock negotiation simulations, identify examples created by the profession鈥檚 greatest advocates, and offer access to data sets far too large for human review. Well-trained, bespoke AI tools can also supply immediate, tailored feedback on work product 鈥� something universally seen as essential to growth but too often in short supply.

We may learn that expertise can be developed with AI-enabled tools far faster than our traditional model has suggested, given that few legal work environments have ever been able to provide feedback with the speed and frequency that AI could supply.

Indeed, we may learn that expertise can be developed with AI-enabled tools far faster than our traditional model has suggested, given that few legal work environments have ever been able to provide feedback with the speed and frequency that AI could supply. AI should be able to expand access to guidance previously limited by time, ego, and hierarchy, effectively supplementing traditional mentorship structures.

These tensions point to a central conclusion: Leaders, and not AI alone, will determine the future of the legal profession. Strong leaders will engage deeply with the question of how we create great lawyers, critically examining to gaining expertise, creativity, passion, and judgment. They will simultaneously challenge the notion that how the last six generations learned is the only way to learn, using AI as a catalyst for reconsidering how we can become even better at our craft.

The new rules of professional growth

Some design elements already seem essential. First, legal work should be performed in a manner that preserves active, deep thinking. This may impact the sequencing of when and how AI is used, and whether AI serves as a reviewer or a starting point. Second, legal education and development should emphasize the importance of critical thinking, of understanding the questions to be answered, the rule of law, and the meaning of justice. Indeed, attorneys should be judged on their work quality, not just quantity, with emphasis on sound judgment and nuanced, client-centered advice. Because you get what you measure, evaluation and compensation systems should overtly take expertise, creativity, and deep analytical skills into account.

Third, legal teams should be purposeful about developing the most human of skills 鈥� connectivity, trustworthiness, integrity, and resilience. This inevitably means spending time with other people, not just machines. Finally, organizations must maintain robust feedback loops, ensuring that human mentorship remains central even as AI tools become more prevalent.

At its core, this is a question of professional identity. The goal is not simply to produce lawyers who can use AI to deliver passable work products, but to develop lawyers whose judgment, adaptability, and commitment to client service are enhanced by new capabilities. AI has the potential to elevate the profession by enabling deeper analysis, access to greater knowledge, and more efficient, responsive service.

Law firm leaders can determine which of these futures emerge in their organizations. The pace of change is breathtaking, requiring us to move at light speed while answering truly fundamental questions. Leaders must embrace AI with optimism, but not uncritically, and build systems in which AI serves as a tool for learning and growth rather than a substitute for human development.

In the age of AI, we can continue to think like lawyers and be even better ones.

You can find out more about the challenges law firms face with

Key insights:

• • • Lawyers need two types of judgment 鈥� AI is exposing gaps in legal judgment and business judgment, both of which attorneys need to differentiate their value as automation increases.

    • Legal and business judgment are not the same skill 鈥� Legal judgment produces lawyers who reason well about the law; business judgment produces lawyers who can translate that reasoning into something a business partner can understand and act upon.

    • Business judgment is essential in the AI era 鈥� Business judgment is the translation layer between legal analysis and business action, and it has emerged as a key part of the value proposition for lawyers in an AI-powered profession.

Every conversation about AI and its impact on how lawyers will learn judgment that is happening right now assumes the profession knows what judgment is. Yet, we鈥檝e spoken to two practitioners who demonstrate how differently they interpret what judgment is: One is talking about the ability to reason like a lawyer; and the other is talking about the ability to act like a business partner.

Both of these interpretations matter, and both are in the spotlight because of AI. Yet, the legal profession’s near-total focus on legal judgment, while remaining almost entirely blind to business judgment, may be a consequential mistake.

Significant discussion about legal judgment

The question about how to teach legal judgment in the age of AI within legal education is urgent and well-founded. For decades, junior lawyers have learned by doing, with legal instincts accumulated through repetition and proximity to experience.

鈥淭he whole model that corporate clients would subsidize the learning of junior lawyers is all going away [because of AI],鈥� says , founder of Creative Lawyers, a consulting and advisory service dedicated to transforming the future of legal practices. 鈥淐orporate clients already hated it, and now they have a way to say, 鈥業’m absolutely not paying for this.鈥欌��

The research, drafting, and document review tasks that once served as the informal training ground for legal judgment are those that AI is absorbing the fastest. The profession is right to sound the alarm. AI-powered simulation and knowledge tools are emerging as credible responses, and Leonard herself sees genuine promise in them. Now, firms can use decades of document management data to create AI-powered coaching environments, pattern-matching a partner’s stylistic preferences so associates can calibrate their work before it lands on a senior lawyer’s desk, she explains, adding that, unfortunately, inertia and the industry鈥檚 resistance to change have emerged as structural obstacles to this advancement.

Development of business judgment is lacking

, CEO at TermScout, a general counsel and product builder of legal and decision systems who has spent years developing tools for legal and business teams, looks at judgment from a completely different place, framing the issue as a practice problem instead of an education one.

The legal profession’s near-total focus on legal judgment, while remaining almost entirely blind to business judgment, may be a consequential mistake.

“Judgment isn’t one skill,鈥� Mack states. 鈥淚t’s a set of small decisions happening quickly: prioritization of what matters, articulation of trade-offs, mapping consequences, and translating all of that into something a business partner can act on.鈥� Her description of judgment is executive decision-making that happens to operate inside a legal constraint. More specifically, she refers to it as the translation layer between legal analysis and business action, or decision-making under constraint. 鈥淚f that translation doesn’t happen, the legal work doesn’t have much effect,鈥� she adds.

Comparing these two viewpoints side by side, legal judgment is focused on producing lawyers who reason well about the law; business judgment goes one step further by describing lawyers who reason well and who can translate that reasoning into something a business can act on.

AI has shined a spotlight on both judgment gaps even as it showcases the value of the AI-enabled lawyer. AI may give you answers, but judgment is deciding which answers matter and what to do. And at a time in which AI can deliver output with some legal reasoning faster, cheaper, and at greater scale than any junior associate, the translation layer is no longer a complement to a lawyer’s value proposition. Thus, that value proposition has to be addressed in an AI-enabled profession.

Why both views need to be addressed

The two judgment problems are equally urgent on the same timeline. New lawyers entering practice right now are expected to be AI-enabled immediately, and if they arrive with only legal reasoning capability and no translation layer, they will be outcompeted by the lawyers who have both legal and business judgment.

The good news is that legal judgment is already taught, but it is not taught evenly. The key question at play is whether the profession is willing to make teaching such judgment more explicit and consistent. Business judgment, like legal judgment, has always been distributed unevenly with the proper understanding of it going to those with the best mentors, the most consequential early experiences, and the greatest proximity to senior decision-makers. Explicit teaching of judgment frameworks, through deliberate simulations could level that playing field in ways the osmosis model never could.

The profession has one word 鈥� judgment 鈥� to teach as two different cognitive capabilities. Closing the gaps on both types requires the profession to stop treating them both as a natural byproduct of legal experience and start treating it as a foundational competency that must be taught deliberately, early, and at scale.

鈥淲hat humans bring to the partnership with AI is judgment,鈥� Mack says, demonstrating the kind of clarity that tends to arrive only after years of building things that work. 鈥淭his is not optional 鈥� it is mission critical.”

You can learn more about听the challenges facing legal talent here

Key takeaways:

• • • Corporate legal AI strategies should start with business goals, not just efficiency 鈥� While many corporate law departments first adopt AI for internally-focused use cases, the bigger opportunity is to align AI with broader business priorities such as revenue growth, risk reduction, and improved operational performance.

    • GCs should measure AI success by business impact 鈥� Metrics such as time saved and tool usage help, but stronger AI metrics connect legal work to business results. In contract review, for example, success may be reflected in improved win rates, reduced revenue leakage, faster deal completion, or dollars of risk avoided.

    • A strong legal AI strategy should produce multiple forms of business value at once 鈥� The most effective approaches do not focus on a single benefit such as cost savings. Rather, they aim to improve service delivery, strengthen operations, support growth, and reduce risk across the business.

Over the past several years, corporate law departments have begun to rapidly adopt AI tools, often spurred on by company-wide AI initiatives. In fact, in just the past year alone, department-wide AI adoption has risen to nearly half (47%) of all departments, according to respondents surveyed for 成人VR视频 Institute (TRI) research.

However, it鈥檚 not enough to simply adopt technology. For AI to truly make an impact, it needs to be integrated strategically. In taking this strategic approach, however, GCs and other legal department leaders are still in the early stages.

According to findings from TRI鈥檚 2026 State of the Corporate Law Department Report, more GCs are focused on technology than ever before. When asked their top strategic priorities over the next year, 28% answered that technology was a top priority, double the portion that prioritized technology just one year ago. And out of those mentions of technology, a vast majority specifically referenced AI as a primary area of focus.

Historically, many legal departments have thought about AI from an internal efficiency standpoint, leveraging it to perform their work quicker and cheaper. Increasingly, however, C-Suites are looking to their legal departments to provide more effective business counsel and connect legal analysis to business outcomes 鈥� and, not surprisingly, they鈥檙e expecting AI to play a role in that shift.

So how can GCs effectively make AI a priority not only for the legal department but also for the entire business? It starts with broadening the potential impact of AI processes.

From unlocking to deploying capacity

Still less than four years since the public release of generative AI (GenAI) tools through ChatGPT, many corporate legal departments are still in the early days of rolling out the technology. As a result, most GenAI use cases still tend to focus on low-hanging fruit such as document summarization and review, contract drafting and review, research, and more.

This is understandable from an individual use case standpoint. The problem is, when these use cases are translated to the leadership level for overall strategic guidance, many GCs remain focused on how to maximize the gains from that low-hanging fruit. According to TRI research, less than 20% of corporate law departments measure return-on-investment from AI at all, meaning many departments are using AI tools without any sort of guiding measurement around what success should look like. And even among those departments that are measuring AI success, most of the metrics they use center around internal department usage or department cost savings from the tool.

Those measurements are more helpful than no tracking at all, to be sure. They focus on how AI is unlocking capacity for the legal department and look for ways that attorneys can perform their work more efficiently than before. Indeed, the majority of legal departments that have invested in AI tools are currently at this point.

However, there is an additional step that legal departments need to take in order to full take advantage of the strategic value of AI. And that is connecting AI鈥檚 use to that of larger business goals by deploying the capacity it has unlocked. This requires thinking about AI less in terms of how it will impact the legal department, and more in terms of how it will impact those that the legal department serves.

For example, take a common AI use case such as contract review. Currently, the most common measurement around contract review technology is speed, such as how quickly the legal department can help a contract go from start to signature. Maximizing that value can improve the efficiency of the department, to be sure. But C-Suite partners aren鈥檛 necessarily looking for an efficient department as the end goal 鈥� they鈥檙e looking for business success.

As a result, some forward-thinking GCs are looking to connect AI usage directly with business goals or revenue. For contract review, that could mean demonstrating the impact on overall contract win rate, or whether close rates increased through use of AI. Or it could mean more successful revenue leakage protection; and it could even mean risk avoidance, measured in dollars of risk avoided. All of these can demonstrate value and be connected to the rest of the business.

Further, all of this requires close collaboration with other business units, both in terms of sharing metrics as well as understanding what success throughout the organization should mean to all parties. That said, GCs have told TRI for countless years that breaking out of a silo is a top priority for the legal department. In this case, AI implementation should be no different.

Wide areas of impact

As it currently stands, corporate law departments are seeing the most impact from AI in areas of efficiency and time saved. More than three-quarters of GCs who have talked with TRI say that AI is either currently benefiting the department鈥檚 efficiency and productivity, or that they鈥檙e expecting those benefits to occur within the next 12 months.

Connecting AI outcomes with business imperatives provides more areas of improvement, however. In this year鈥檚 State of Corporate Law Department Report and elsewhere, TRI breaks down the law department鈥檚 role into four key functions that we call the four spinning plates:

1. 1. 1. Provide effective legal services and operational excellence
      2. Offer efficient legal value within budget
      3. Enable business and strategic growth, and
      4. Protect the business鈥檚 assets and competitive advantage.

AI鈥檚 impact on efficient legal value is clear; but GCs are beginning to see that it can actually impact all four of those plates.

Those GCs looking to adopt AI as a strategic goal should be aware that said strategy should encompass more than simply internal efficiency. Not all of these benefits will be applicable to all departments, but all departments should be considering more than just one of these areas. An effective AI strategy should have multiple benefits in mind 鈥� and as such, it should take into account multiple business factors when measuring the success of the department鈥檚 AI strategy.

Entering into an AI strategy is a laudable goal for today鈥檚 GCs, but also not a light undertaking. When thinking about how AI will impact the department, leaders should take the next step beyond deploying capacity into unlocking capacity, helping attorneys not only work more efficiently but also make a bigger impact on the business at large.

You can download a full copy of the 成人VR视频 Institute鈥檚

Key insights:

• • • AI’s greatest strength in criminal justice is pattern recognition鈥� AI can process vast amounts of data quickly, helping law enforcement and legal professionals detect connections, reduce oversight gaps, and improve consistency across investigations and casework.

    • AI should strengthen justice, not substitute for human judgment鈥� Legal professionals are integral to evaluating AI-generated outputs, especially when decisions affect evidence, warrants, and individuals鈥� constitutional rights.

    • The most effective model is human/AI collaboration鈥� AI handles scale and speed, while judges, attorneys, and investigators provide context, accountability, and ethical reasoning needed to protect due process.

The law has always been about patterns 鈥� patterns of behavior, patterns of evidence, and patterns of justice. Now, courts and law enforcement can leverage a tool powerful enough to see those patterns at a scale at a speed no human mind could match: AI.

At its core, AI works by recognizing patterns. Rather than simply matching keywords, it learns from large amounts of existing text to understand meaning and context and uses that learning to make predictions about what comes next. In the context of law enforcement, that capability is nothing short of transformative.

These themes were front and center in a recent webinar, , from the听, a joint effort by the National Center for State Courts听(NCSC) and the 成人VR视频 Institute (TRI). The webinar brought together voices from across the justice system, and what emerged was a clear and consistent message: AI is a powerful ally in the pursuit of justice, but only when paired with the judgment, accountability, and constitutional grounding that human professionals can provide.

AI’s pattern recognition is a gamechanger

“AI is excellent,鈥� said Mark Cheatham, Chief of Police in Acworth, Georgia, during the webinar. 鈥淚t is better than anyone else in your office at recognizing patterns. No doubt about it. It is the smartest, most capable employee that you have.”

That kind of capability, applied to the demands of modern policing, investigation, and prosecution, is a genuine gamechanger. However, the promise of AI extends far beyond the patrol car or the precinct. Indeed, it cascades through the entire arc of justice 鈥� from the moment a crime is detected all the way through prosecution and adjudication.

Each step in that chain represents not just an operational and efficiency upgrade, but an opportunity to make the system more fair, more consistent, and more protective of the rights of everyone involved.

Webinar participants considered the practical implications. For example, AI can identify and mitigate human error in decision-making, promoting greater consistency and fairness in outcomes across cases. And by automating labor-intensive tasks such as reviewing body camera footage, AI frees prosecutors and defense attorneys to focus on other aspects of their work that demand professional judgment and legal expertise.

In legal education, the potential of AI is similarly recognized. Hon. Eric DuBois of the 9th Judicial Circuit Court in Florida emphasizes its role as a tool rather than a substitute. “I encourage the law students to use AI as a starting point,鈥� Judge DuBois explained. 鈥淏ut it’s not going to replace us. You’ve got to put the work in, you’ve got to put the effort in.”

AI can never replace the detective, the prosecutor, the judge, or the defense attorney; however, it can work alongside them, handling the volume and velocity of data that no human team could process alone.

Judge DuBois’ perspective aligns with broader judicial sentiment on the responsible integration of AI. In fact, one consistent theme across the webinar was the necessity of maintaining human oversight. The role of the legal professional remains central, participants stressed, because that ensures accuracy, accountability, and ethical judgment. The appropriate placement of human expertise within AI-assisted processes is essential to ensuring a fair and effective legal system.

That balance between leveraging AI and preserving human judgment is not just good practice, rather it鈥檚 a cornerstone of justice. While Chief Cheatham praises AI’s pattern recognition, he also cautions that it “will call in sick, frequently and unexpectedly.” In other words, AI is a powerful but imperfect tool, and those professionals who rely on it must always be prepared to intervene in those situations in which AI falls short. Moreover, the technology is improving extremely rapidly, and the models we are using today will likely be the worst models we ever use.

Naturally, that readiness is especially critical when individuals鈥� rights are on the line. 鈥淎 human cannot just rely on that machine,鈥� said Joyce King, Deputy State’s Attorney for Frederick County in Maryland. 鈥淵ou need a warrant to open that cyber tip separately, to get human eyes on that for confirmation, that we cannot rely on the machine.” Clearly, as the webinar explained, AI does not replace constitutional obligations; rather, it operates within them, and the professionals who use AI are still the guardians of due process.

The human/AI partnership is where justice is served

Bob Rhodes, Chief Technology Officer for 成人VR视频 Special Services (TRSS) echoed that sentiment with a principle that cuts across every application of AI in the justice system. “The number one thing鈥� is a human should always be in the loop to verify what the systems are giving them,” Rhodes said.

This is not a limitation of AI; instead, it鈥檚 the design of a system that works. AI identifies the patterns, and trained, experienced professionals evaluate them, act on them, and are accountable for them.

That partnership is where the real opportunity lives. AI can never replace the detective, the prosecutor, the judge, or the defense attorney. However, it can work alongside them, handling the volume and velocity of data that no human team could process alone. So that means the humans in the room can focus on what they do best: applying judgment, upholding the law, and protecting an individual鈥檚 rights.

For judicial and law enforcement professionals, this is the moment to lean in. The patterns are there, the technology to read them is here, and the opportunity to use both in service of rights 鈥� not against them 鈥� has never been greater.

You can find out more about the webinars from the AI Policy Consortium here

Key takeaways:

• • • Anchoring distorts judgment before you begin 鈥� Research shows a first draft shapes subsequent decisions; and an AI draft is the most seductive anchor imaginable, because it looks exactly like something a lawyer would write.

    • The First Draft Trap inverts legal training 鈥� The Socratic method builds the habit of holding multiple possibilities in tension before committing; but an AI first draft collapses that space before the real thinking begins.

    • The fix is to ask for the map, not the draft 鈥� Requesting multiple strategic framings before writing keeps judgment where it belongs and uses AI to expand possibilities rather than foreclose them.

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Welcome back to听The AI Law Professor. Last month, I examined why promised efficiency gains often become a cycle of work intensification. This month, I want to address a subtler challenge. I call it the First Draft Trap and understanding it may change how you reach for AI the next time a new matter lands on your desk

We have all heard the pitch: Staring at a blank page? Just prompt the AI. In seconds you have a working draft: structured, coherent, and surprisingly competent. The blank page problem, that ancient enemy of productivity, thus has been vanquished.

Except the blank page itself was never just an obstacle; rather, it was a space of possibility. For lawyers, it was the space in which the most important part of their work actually happens. Now, with AI in the mix, that may be changing.

Welcome to the First Draft Trap.

Simply put, the First Draft Trap is this: The moment you accept an AI-generated draft as your starting point, you have already made the most consequential decision of the entire project 鈥� most importantly, you made it by not making it. You let the machine choose your direction, your framing, and your theory. Everything that follows is editing; and editing, no matter how rigorous, is not the same as thinking.

The cognitive hijack

There is solid psychology behind why this happens. Daniel Kahneman and Amos Tversky demonstrated in their landmark 1974 paper, , that once people are exposed to an idea, this first impression distorts their subsequent judgments and becomes a mental anchor. In their experiments, subjects who watched a roulette wheel spin to a random number still let that number influence their estimates of completely unrelated quantities. The anchor held even when people knew it was meaningless.

Please join Tom Martin at the on April 28鈥�29. It鈥檚 virtual and completely free 鈥� two days of keynotes, panels, and workshops on AI and the legal profession

An AI first draft is the most seductive anchor imaginable. It is not random 鈥� it is plausible, and it is well-organized. It sounds like something a lawyer would write. And that is precisely what makes it dangerous. You know intellectually that it is just one of many possible approaches to addressing the matter, but the anchor holds anyway.

That is the First Draft Trap at the cognitive level. The AI draft is not just one option you happen to prefer. It is a filter that prevents you from seeing the other options that were available to you, the roads you never even noticed that you did not take.

Consider what this means for a profession built on the opposite instinct. From the first day of law school, lawyers are trained to resist the obvious answer and to think like a lawyer. The Socratic method exists for exactly this reason. A good professor hears your confident response and asks: What else? What if the facts were different? What is the argument on the other side? The goal is not to arrive at an answer, per se. It is to build the mental habit of holding multiple possibilities in tension before committing to any one of them.

The First Draft Trap is the anti-Socratic method. It delivers a confident answer before you have even formulated the question properly 鈥� and instead of interrogating it, you polish it.

The value of the blank page

Think about what a senior partner actually does when a junior associate brings them a memo. The partner鈥檚 value is not better writing; rather, it is peripheral vision: The ability to see what the memo does not address, the argument not considered, or the framing that would land differently with this particular judge or this particular jury. That capacity to see beyond the document in front of them is why clients pay senior partners premium rates. And it is precisely the muscle that atrophies when your default workflow begins with the prompt generate a draft.

The AI draft is not just one option you happen to prefer. It is a filter that prevents you from seeing the other options that were available to you, the roads you never even noticed that you did not take.

The two-system framework offered by Kahneman and Tversky gives us a clean way to describe what is going wrong. System 1 is fast, intuitive, and pattern-matching; while System 2 is slow, deliberate, and analytical. The practice of law, at its best, is a System 2 discipline. We, as lawyers, are trained to override gut reactions, challenge assumptions, and think through consequences before acting.

In this way, the AI first draft feels like a System 2 output. It is structured, footnoted, and methodical. However, your decision to accept it as a starting point is pure System 1 鈥� a fast, intuitive grab at the nearest plausible answer. You have used a sophisticated tool to bypass the sophisticated thinking the tool was supposed to support. That uncomfortable period of ambiguity, of not knowing which path is best, is where the real lawyering lives.

What to do instead

None of this means stop using AI. It means stop using AI to skip the hard part that matters.

Before you ever ask for a draft, ask for the map. Describe the matter or document you are working on, then ask the AI for three fundamentally different strategic framings for the problem. For each framing, request the strongest argument in its favor and its most serious vulnerability. Then ask which framing best fits the client鈥檚 goals, the audience, or the procedural posture. Close with a clear instruction: Do not write a draft yet.

That last instruction is the key. It keeps you in the driver鈥檚 seat during the phase that matters most. You are using AI to expand the possibilities before you prune them, not after. And, most importantly, it gives you the opportunity to think for yourself about other important possibilities and add them in.

In the terms used by Kahneman and Tversky, use AI to fuel System 2, not to hand the controls to System 1. Let the machine generate options, and you exercise judgment.

For lawyers, the ability to see what is not there is the whole game.

Do not let the first draft blind you to it.

Tom Martin is CEO & Founder of LawDroid, Adjunct Professor at Suffolk University Law School, and author of the forthcoming听. He is 鈥淭he AI Law Professor鈥� and writes this eponymous column for the 成人VR视频 Institute.