Tag: #Entrepreneur

to show an AI generated contract that needs review by an attorney

A Business Attorney’s View on the Use of AI for Legal Documents

It’s almost impossible to go a day – perhaps even an hour – without hearing about Artificial Intelligence.  From recommending our next movie to helping us draft emails, suggesting driving routes, or even generating creative artwork, AI is rapidly weaving itself into the fabric of our daily lives.  It seems people are using AI for almost everything, and the legal and business world is no exception.

AI is undeniably a powerful new tool, and it’s not a fleeting trend; it’s here to stay.  Like any transformative technology, from the printing press to the internet, it will reshape industries.  Anyone whose job involves tasks that AI can augment or automate should be actively figuring out how to incorporate it, not resist it.  For legal professionals and entrepreneurs, this means understanding its capabilities and, crucially, its limitations.

One area where I have seen AI begin to make inroads is in the initial stages of legal document creation.  Using AI as a way to communicate your thoughts and what you think you may need with your business attorney can actually be quite helpful.  For instance, if you are trying to outline the basic parameters of a partnership agreement or a service contract, an AI tool can help you organize your initial ideas into a somewhat structured format.  This can serve as a more concrete starting point for our discussions, helping you crystallize your thinking and potentially highlighting areas you had not considered.

Importantly however, the output from AI, in its current state, is rarely, if ever, ready for execution without thorough legal review and revision.  All of the many AI-generated contracts I have reviewed required substantial improvements.  These documents often lack critical legal elements and nuances, fail to address specific jurisdictional requirements, miss bespoke clauses vital to protecting a client’s unique business interests, or simply contain boilerplate that is inappropriate or even detrimental.

That said, for particularly unique or highly specialized agreements where standard templates fall short, an AI-generated draft can provide a foundational structure.  It can sometimes offer a starting place, a rough scaffold upon which a skilled attorney can then build a robust, tailored, and legally sound document.  It might help identify potential clauses or structures a business owner had not considered for an unusual situation, saving some initial brainstorming time.

to make clients aware that it is important to have an attorney oversee AI's use in legal documents
Attorney utilizing AI in law practice

But the key is that it’s a starting point, not the finish line.  AI cannot understand your specific business context, your risk tolerance, the subtle dynamics of your relationships with other parties, or the long-term strategic implications of certain clauses.  It does not engage in critical thinking, negotiation strategy, or the ethical considerations that are paramount in legal practice.  It also struggles to keep pace with the constantly evolving landscape of case law and statutory amendments.  Last, but not least, AI lacks the years of experience of a qualified business attorney.

So, will AI replace business attorneys?  My answer is a firm no.  The nuanced judgment, strategic counsel, ethical oversight, and personalized advice that a human lawyer provides are irreplaceable.  The ability to interpret complex situations, anticipate future problems, and advocate effectively for a client’s interests goes far beyond algorithmic processing.

AI will undoubtedly transform how we work.  It will become another tool in our arsenal, much like legal research databases or document management software.  The lawyers who thrive will be those who understand its potential, embrace its efficiencies for appropriate tasks, and integrate it wisely into their practice to better serve their clients.

To put it bluntly:  AI won’t replace lawyers, just the lawyers who don’t understand it, adapt, and learn to use it appropriately.

J. Brian King is an experienced business attorney and can be reached at https://businessattorneylaw.com/.