How does generative AI Work?

Generative AI uses neural networks trained on massive amounts of data to recognize patterns. When given a question or prompt, the model uses these learned patterns to predict the best outputs, such as text or images. Training a generative AI model takes months because of the enormous amounts of data and the neural network’s process of learning and optimization. Generative AI is impressive but not perfect. Because AI predictions are just highly customized suggestions, they can occasionally be wrong.

Researchers are working on the next level of AI, which will allow it to reason and use logic.

What is the difference between AI models?

There are general and law-specific AI models. General models are trained on large sets of human-created data, while legal models take a general model and fine-tune it using law-specific data, such as court opinions, law review articles and example documents. Legal models usually have constraints on the sources of information they use in creating their responses, which are intended to reduce hallucination risk.

Example General AI Models:

• OpenAI’s ChatGPT: Assists with drafting emails and presentations, brainstorming ideas, reviewing documents, and generating content.
• Google’s Gemini: Assists with drafting emails and presentations, brainstorming ideas, reviewing documents, and generating content.
• Microsoft’s Copilot: Integrates with Microsoft applications to provide real-time assistance, including analyzing spreadsheets and writing.
• Anthropic’s Claude: Creates more conversational type writing, summarizes, edits, translates to other languages, and reviews documents.

Example Law-Specific AI Models:

• CoCounsel by Westlaw: Assists with legal research, case preparation, document review, and document drafting.
• Lexis+AI: Assists with legal research, memo drafting, and document review.
• Vincent AI by vLex: Assists with legal research, case preparation, document review, and document drafting.

Where to get started?

 Start by exploring general AI models such as ChatGPT, Gemini, or Copilot for administrative tasks and brainstorming. Then, try a free trial of a legal AI model such as CoCounsel, Lexis+AI, or Vincent AI for legal research and document review. Understanding a model's capabilities and limitations through hands-on experience is essential. For now, do not use any confidential or client-specific information.

Run your first prompt

Below is a link to Google’s Gemini (no sign-in required) and an example prompt.  Use copy/paste or retype the prompt in the chat box and submit it. 

Prompt: I’m a Florida lawyer and want to write a LinkedIn post about Usury under Florida law.  Please write the post for me. 

Congratulations on running your first prompt! Did you notice how the tone and format of the Gemini result was designed for LinkedIn, including hashtags or a call-to-action?

Now that you see how prompting works, try another prompt, this time for a practice area you know well. Importantly, try varying your prompts, such as requesting an answer “less than 250 words” or “written at a 10th grade level.” Revising a prompt with new information or requests changes the output. Remember to not give any client confidential information when first using an AI model. 

What about ethics?

Florida was the first state to issue an ethics opinion regarding the use of AI. Florida Bar Ethics Opinion 24-1 provides a good overview of the ethical issues involved in using AI and should be reviewed before using client information in your prompts.

To ensure client confidentiality, you should confirm that you maintain ownership of any uploaded data, learn how to delete your data, and review the AI provider’s license terms or representations regarding confidentiality. Free General AI models may use your questions and uploaded documents to train future models. To maintain client confidentiality, you will need a paid subscription. Confirm your account settings do not allow data sharing and that you can delete your prompts and uploads at any time. 

When you find a general AI vendor you like, check its security reputation, hallucination risk, various AI model features, and paid plan options for individuals or businesses. One advantage of the three main Legal AI models is their promise to maintain client confidentiality, use of strong security, and reduced hallucination risk. However, always verify AI-generated outputs yourself to ensure accuracy and reliability, as AI should assist, not replace, human judgment. And if associates or nonlawyers will be using AI in your firm, consider a user training program and written guidelines for proper AI usage for client matters.

Examples to get started

To begin using AI, identify your specific needs, such as drafting documents, conducting legal research, managing client intake, or creating presentations. Start small, gradually incorporating AI into your practice, and continually verify AI-generated outputs for accuracy and reliability. As AI models continually improve, new specialized AI tools will emerge tailored to various practice areas.

General AI Tasks:

• Drafting administrative letters or marketing articles: Use ChatGPT, Copilot, or Gemini to create initial drafts quickly.
• Generating summaries, creating formulas, customizing presentations: Use Microsoft Copilot to generate summaries of non-legal documents or articles, create formulas in Excel, and custom backgrounds and text in PowerPoint. The same can be done using Gemini in Google Workspace.

Legal AI Tasks:

• Legal research: CoCounsel from Westlaw, Lexis+AI, and Vincent AI from vLex, streamline research by offering relevant case law, statutes, and sometimes secondary references.
• Document review: Use CoCounsel and Lexis+AI for reviewing contracts and legal documents, document comparisons, identifying key clauses, and suggesting improvements.
• Document drafting: CoCounsel Drafting and Lexis Create+ will draft client-specific documents using their respective form libraries and drafting notes.
• Case preparation: Certain AI models can help organize case files, highlight important information, and suggest strategies.
• Electronic discovery: Reveal Data (Ask), Relativity (aiR), Merlin Search Technologies (Discovery Partner), and Everlaw AI have robust generative AI applications that are now built into their platforms.

By thoughtfully incorporating AI into your practice, you can enhance productivity while maintaining high ethical standards and protecting client confidentiality.

Comparison Charts

Comparison Chart of General vs. Legal AI Models*

*Chart based on information published on "One Useful Thing" Substack by Ethan Mollick.  

Additional Resources

• Doing Stuff with AI: Opinionated Midyear Edition is a useful and entertaining review, as of June 2024, about current and upcoming features of the large generative AI models and some special models (i.e., video, music).
• Josh Kubicki’s Generative AI Blueprint course.  This online course for lawyers explains how generative AI works, prompt techniques, and use cases. (Approved by The Florida Bar for 4.0 CLE hours.)
• Jeff Su’s Google’s AI Course for Beginners is a short, easy to follow summary of a longer Google online course (YouTube).
• ChatGPT plan comparison chart. Confidentiality is enabled by default on Teams and Enterprise plans. On the paid Plus plan, the default is to share data, so confidentiality is not enabled unless you opt-out.
• Perplexity is an excellent AI alternative to Google searches by answering the search question (with cites to source links).
• ABA AI Ethics Opinion.
• ABA Task Force on Law and Artificial Intelligence - Year 1 Report (August 2024).

Legal AI Provider Guides

• CoCounsel 2.0 by Westlaw: Understanding CoCounsel Skills
• Lexis+AI: The Definitive Guide to Choosing a Generative AI Legal Research Solution
• vLex Vincent AI:  LLMs for Legal Tasks: Best Practices by Damien Riel
• Directory of legal technology products, organized by category

Optional Sample Disclaimer Regarding Use of Generative AI

As part of our commitment to providing efficient and high-quality legal services, [Law Firm Name] may use advanced technologies, including generative artificial intelligence (AI), to assist in legal research, document drafting, and other related tasks. The use of such technologies is supervised by our qualified attorneys and is intended to enhance, not replace, the legal judgment and expertise that we bring to your case.

Please be advised of the following:

• Human Oversight: All work products generated by AI tools are carefully reviewed and validated by licensed attorneys in our firm. We do not rely on AI-generated content without human oversight.
• Confidentiality: We take your privacy and confidentiality seriously. Any information shared with or processed by AI tools is subject to the same rigorous confidentiality and data protection standards as all other information handled by our firm.
• Limitations of AI: While AI tools can assist in streamlining certain processes, they are not infallible. The final responsibility for the accuracy, relevance, and appropriateness of any legal advice, document, or strategy rests with our attorneys.
• Client Consent: By engaging our services, you acknowledge and consent to the use of generative AI tools as part of our legal services. If you have any concerns about the use of AI in your case, please inform us, and we will discuss alternative approaches to meet your needs.

Acknowledgment and Acceptance

By signing this engagement agreement, you acknowledge that you have read and understood this disclaimer regarding the use of generative AI in our legal practice and agree to its terms.

Optional Sample Disclaimer Regarding Use of Generative AI

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Drafted by the Special Committee on AI Tools & Resources Best Practices Subcommittee

Gordon Johnson Glover and Edward Duffy Myrtetus, Co-Chairs