By Dr. James Barney  |  09/04/2026


AI in law depicted by gavel

 

Artificial intelligence (AI) has become a transformative force for the legal profession seemingly overnight, and various AI-powered software tools have become a necessity. This adoption of AI technology in the legal profession has reshaped legal practice, influenced law firms, and redefined how legal professionals approach the concept of legal work.

However, AI's impact on law has sparked debates within the legal industry. Practicing attorneys, American Bar Association® (ABA) regulators, and state bars have held discussions about AI’s use and implications.

Admittedly, artificial intelligence provides attorneys and the public with easier access to legal research, as well as the ability to quickly draft various legal documents. AI capabilities promise cost savings and efficiency by reducing the time spent on repetitive tasks, highlighting risky clauses in documents, and suggesting alternative phrasing.

However, the main focus of legal discussion has been on the impact of AI adoption, especially with consideration to the rapidly changing legal landscape. But a profession built on service and responsibility cannot outsource judgment without losing itself, and AI usage poses a danger to true impartiality in this respect.

 

AI Tools and Law

Artificial intelligence is an extremely valuable tool, and we have embraced it in our university’s courses, including our legal studies courses. Despite AI’s many benefits, it is not a replacement for the human-to-human interaction that is the core of the legal profession.

Some people have argued that artificial intelligence has made time-consuming, inefficient tasks – such as document review and legal research – much faster. In this way, AI benefits both clients and junior-level legal staff who need more substantive experience.

It’s important to ensure that AI does not move the law away from its basic mission: to protect and promote predictable relationships between individuals. Law is about how people – not machines – stay in a relationship under pressure. The law should protect the weak and vulnerable from exploitation.

Unfortunately, there is a tendency in the legal world to get overexcited about new technology, which is not new. But this excitement can lead us to a critical mistake.

Many individuals and organizations have begun to view artificial intelligence as a replacement for humans. We project human emotions onto an AI tool as we seek its advice. When we impose human traits and attributes onto AI software, that is where things start to go wrong.

 

The Risks of Adopting Artificial Intelligence in Law

The adoption of AI in the legal profession poses many risks. For example, there have been many stories about attorneys using artificial intelligence to prepare legal submissions or to provide advice to clients with disastrous consequences. They have been sanctioned for the use of information generated by artificial intelligence, which often includes fictitious cases and statutes.

In Mata v. Avianca, Inc., a plaintiff’s case was dismissed because the attorney relied upon fictitious cases generated by AI software. Similarly, a federal judge in Oregon imposed a $110,000 penalty to two lawyers for making AI errors in court documents. Other attorneys have even been suspended from the practice of law because of similar behavior.  

Attorneys continue to face sanctions and judicial reprimands for citing fictitious cases generated by AI, and many judges have reprimanded offending attorneys.  These near-daily reminders illustrate that AI is a valuable tool, but that attorneys are ultimately responsible for any submissions.

According to Thomson Reuters, the American Bar Association has already provided guidance regarding the use of generative AI. The ABA has also reminded attorneys of their ethical obligations and accountability and advised compliance with all existing ethical rules.

 

Why Human Oversight of AI Remains a Necessity

Human oversight of AI software – especially in the legal field – is necessary. Every output generated by AI must be verified, and every citation must be double-checked. The speed of generative AI does not reduce the need for accuracy; it increases the risk of error.  

 

How AI Can Be Beneficial in Law

The integration of AI technology into legal research, document review, and legal tasks is already producing efficiency gains. Tasks that once took hours in the past can now be completed in minutes.

Legal AI, powered by machine learning and natural language processing, can quickly accomplish various tasks, such as:

  • Searching legal databases
  • Analyzing case law
  • Generating legal documents

AI tools have changed how legal professionals work, but not why they do it. Every subfield of law is still about people, relationships, judgment, and compassion. Also, the development of soft skills such as communication, leadership, empathy, persuasion, and professional judgment remains very important in the age of AI.

 

Legal Research, Predictive Analytics, and Ethical Considerations

Legal research is one of the earliest and most visible areas of AI use. AI software now incorporates predictive analytics, offering insights into how courts may rule based on previous patterns in case law. For example, attorneys can feed data into an AI tool to model judges’ previous behavior and craft legal documents that align with those tendencies.

This application of AI is useful because:

  • It can help lawyers make better decisions.
  • It can improve litigation analysis.
  • It can provide a clearer sense of risk.

However, if lawyers rely too heavily on predictions created by AI, they may confuse probability with accuracy. The fact that a judge is likely to rule in a certain way does not mean that the judge will rule in the way the attorney expects and the AI tool predicts.

The law has always evolved because lawyers were willing to push against prevailing patterns and existing laws. Protections for marginalized peoples of all sorts often required arguing for challenges to existing law.

When attorneys think in probabilities, the ethical question is whether AI narrows their assessment and consideration of a case’s human impact. It also may limit their assessment of a case or possible challenges.

A disciplined lawyer relies on AI algorithms to guide, never override, professional judgment. Maintaining this boundary and remaining true to ethical considerations is critical.

 

How Artificial Intelligence Is Changing Law Firms and Staffing Models

AI has already impacted staffing at many organizations. Several news stories have discussed how the legal profession, including paralegals and junior attorneys, could be replaced by AI.

Both large and small law firms find AI attractive for different reasons. For large law firms with the financial resources to invest in AI software, AI can:

  • Reduce administrative work
  • Handle repetitive tasks
  • Help them process more matters with fewer resources
  • Offer a clear competitive advantage

Similarly, small firms have used AI technology to level the playing field and market their services. For example, a solo attorney may use AI to:

  • Create a website
  • Generate blog posts
  • Advertise legal services
  • Produce pleadings quickly and cheaply

In the future, junior lawyers may spend less time on basic tasks, such as document review, and more time on higher-level analysis. But efficiency doesn’t always guarantee accuracy.

 

Why Artificial Intelligence Cannot Replace Human Mentors in Law

As AI increasingly replaces the work traditionally handled by legal professionals, will future attorneys have enough opportunities to develop indispensable skills? Where and when do lawyers truly gain the essential judgment and experience needed to practice?

The legal profession has traditionally trained young attorneys by having them review documents and draft memoranda. Due to inexperience, these junior attorneys often made mistakes, which were corrected by a more experienced lawyer who provided mentorship. Over time, younger attorneys developed legal expertise.

If AI causes the legal profession to remove these mentors, there will be lawyers who are efficient but shallow. They will be capable of managing outputs but unable to understand them.

Society requires lawyers who have both competence and depth, not just speed. The legal profession needs to create experiential learning opportunities, including:

  • Apprenticeships
  • Internships
  • Practice groups and other types of training experiences

These learning opportunities will ensure that young legal professionals can gain the hands-on experience needed to develop judgment and understand what it means to be an attorney.

 

Maintaining Confidentiality in the AI Era

The use of AI in contract analysis and drafting contracts raises another issue: trust. Contracts often contain confidential information.

Lawyers handle sensitive client data, and that obligation does not change because a new tool is available. Many AI systems rely on large datasets and external processing, which is risky given ever-evolving privacy laws.

Imagine that a family attorney advises a client on a sensitive topic, such as spousal behavior, child-rearing, or finances. This sensitive information is then entered into an AI system to create court pleadings or provide advice.

Most attorneys are not knowledgeable about how information is used by AI software. There are ethical implications regarding entering confidential information into AI systems, and attorneys would be well advised to learn how AI software works before accidentally breaching confidentiality.

 

Expanding Access to Justice and AI's Impact

There is a strong argument that AI can improve access to justice. For instance, it can reduce costs, streamline processes, and support expanding access to legal services.

For pro se litigants (people representing themselves), AI could be especially useful. However, AI tools may provide those who currently have no access to legal resources with the illusion that the legal playing field is level.

There is also a risk that AI will worsen the already existing two-tiered justice system in the United States and abroad.

Imagine that AI becomes the primary tool for people who cannot afford human lawyers and wealthier clients continue to receive traditional representation. Consequently, we risk institutionalizing a two-tiered justice system that is efficient and automated for the less affluent, but slower and more personalized for the wealthy.

AI should be used to improve client service and access for everyone, not just the wealthy. Broader adoption of AI is valuable only when it enhances quality legal counsel.

 

How Artificial Intelligence Is Reshaping Legal Education

The use of AI tools will transform legal education, and all future law students and legal professionals must have training in the newest technologies.

For instance, law students will be expected to:

  • Understand legal AI
  • Navigate legal databases
  • Engage with generative AI

These technological skills will be necessary for any future attorney to develop. But law schools will need to train future attorneys to think like attorneys. Legal students must learn to question outputs, verify information, and apply human judgment in contexts where answers are readily available.

The law is built on uncertainty. Teaching students to navigate that uncertainty – rather than avoid it – is the real task.

Law schools can do so by focusing more on experiential learning, including legal clinic experiences, internships, and client interactions. These types of hands-on training experiences will provide aspiring attorneys with the lived experience and human judgment needed to practice law.

 

The Future of AI in Law

While there is a fear that AI will replace human attorneys, this fear is overblown. Moreover, human attorneys are unlikely to compete against AI attorneys in courtrooms presided over by AI judges anytime soon.

Instead, they will compete against attorneys who use AI tools. These attorneys will also possess human judgment and ethical responsibility, as well as an understanding that the practice of law remains fundamentally human.

AI will transform legal practice, but the future of law still depends on human judgment, ethics, and accountability, which are the core ideals of the profession. The future is not determined by technology, but by how the legal profession chooses to use new technology. The strength of the legal profession has always been its ability to exercise discretion – to recognize when rules apply and when they do not.

Ultimately, the law in the age of AI relies on responsibility and relationships. It requires lawyers who are willing to:

  • Stand behind their work
  • Make decisions in uncertain conditions
  • Accept the consequences of those decisions

AI can assist in that process in many ways. It can improve efficiency, support analysis, identify patterns, and manage complexity.

What AI cannot do is replace the human capacity to decide what is morally right and what is wrong. That is something no machine can provide: the willingness to be responsible when it matters most.

 

The Bachelor of Science in Legal Studies at APU

For interested adult learners, American Public University (APU) offers an online Bachelor of Science in Legal Studies. For this degree program, students can enroll in courses that cover constitutional law, legal ethics, legal research and writing, and an introduction to legal technology. Other courses feature family law and civil practice and procedure.

To enable students to tailor their education according to their professional goals, this B.S. in legal studies features eight concentrations. Legal studies students with an interest in technology may want to seek the Legal Data Analytics or Legal Data Security concentrations.

For more information on this bachelor’s degree in legal studies, visit APU’s security and global studies degree program page.

Note: Completion of this program does not award any professional paralegal or any other certification, but may be helpful in preparing to seek such certifications.

American Bar Association® is a registered trademark of American Bar Association.


About The Author

Dr. James Barney is a Professor of Legal Studies at American Public University’s School of Security and Global Studies. In the past, Dr. Barney has been the recipient of several awards. He teaches undergraduate and graduate law and history courses. In addition to having earned a Ph.D. in history from The University of Memphis, Dr. Barney has several master's degrees, including one in U.S. foreign policy and a J.D. from New York Law School.

Dr. Barney serves as one of the faculty advisors of the Phi Alpha Delta law fraternity and the Model United Nations Club, and he is the pre-law advisor at the University. He is currently finishing a book on the politics of New York City during the administration of New York City's first African American Mayor David Dinkins, 1989-1993.