The Future Is Now: Why Trial Lawyers and Judges Should Embrace Generative AI Now and How to Do it Safely and Productively

Authored by Ralph Artigliere and Ralph C. Losey 

Abstract

The unprecedented rapid advancement of generative artificial intelligence (AI) worldwide presents the legal profession with a pivotal opportunity for transformation.  The legal system is deeply rooted in tradition, precedent, and established practices, which is good; however, this does not mean we should avoid technology.  The legal practice must be open to change and embrace AI, just as it did with computers and online communications.  We can keep our traditions of ethics, justice, and precedent, but also utilize generative AI to make our practices more efficient, consistent, and responsive to the demands of the modern world.

Trial lawyers and judges who embrace AI stand to gain substantial advantages in efficiency, productivity, and quality.  The use of AI in legal applications across the profession is significantly increasing.  Generative AI is already significantly improving legal research; drafting contracts, forms and pleadings; document reviews and document analysis; e-discovery; client communications; and the overall quality of the decision-making processes.  Generative AI makes it possible for lawyers to obtain instant informal advice on expert issues, both factual and legal.  Its application in legal practice is considered a game changer.

This does not mean machines will do the work for us.  Lawyers and judges must still verify all AI output in the same way we have always verified the output of paralegals and young associates.  The adherence to a high standard of ethics by our profession must remain. Generative AI is not about replacing the skilled minds of trial lawyers and judges; it is about enhancing their abilities.

By leveraging AI as a partner, legal professionals can elevate their work and move beyond mundane, repetitive tasks, focusing their efforts on strategic, high-value activities and their unique human abilities.  This hybrid co-intelligence approach—where human expertise and AI capabilities combine—can redefine the standards of legal practice, positioning lawyers and judges as more powerful and better informed decision-makers who are ready to navigate  increasingly complex legal landscapes.  Now is the time for trial lawyers and judges to take an active role in this transformation, embracing AI with confidence and clarity to shape a more efficient and future-ready practice.

This Article guides trial lawyers and judges through the transformative potential of generative AI, demonstrating how to use it safely, effectively, and ethically.