Survey Finds Law Students Hesitant About Generative AI Technology

The use of generative AI technology is growing within the legal industry. In a recent LexisNexis survey, over half of lawyers polled reported using the technology for research (59 percent) and improving efficiency (54 percent). Significant proportions also used it for drafting documents (45 percent) and writing emails (34 percent). 

Surprisingly, however, the survey found that law students were the least likely group to report using the technology. Only nine percent of the responding law students said that they use AI currently in law school and a quarter said that they plan to use it in their future legal work. 

So why aren’t law students jumping on the AI bandwagon? Serena Wellen of LexisNexis took a deep dive into the data to find out. We’ve summarized her findings below: 

• Accuracy. Some of the law students noted that generative AI is not reliable. Research findings may be inaccurate, false, or based on unreliable data that it presents as fact, even including false citations. 

• Academic Integrity. Students fear that the use of generative AI could encourage academic dishonesty as the proper use of the tools has not been well defined at many law schools.

• Innovative Thinking. Students note that learning and practicing the law requires critical and innovative thinking and they believe that the use of generative AI would discourage their refinement of this skill-set.  

• Fear of Replacement. Some students fear that generative AI will overtake entry-level legal positions that offer essential learning opportunities. 

Ultimately, while generative AI will likely play an increasingly important role in legal work, students are correct in expressing their hesitation. Law schools will need to develop guidelines for proper use of the technology.

Law Schools Take on Gun Violence

This month, the University of Minnesota Law School will launch its Gun Violence Prevention Clinic in an effort to promote their Second Amendment scholarship and increase student engagement in firearms law. “Firearms law is currently one of the most dynamic and rapidly changing areas in the law. Yet there are not enough litigators with expertise in the field, and law schools and legal scholars are under engaged in Second Amendment issues,” Megan Walsh, Visiting Assistant Clinical Professor at the University of Minnesota Law School and Gun Violence Prevention Clinic Director, said. 

The University of Minnesota isn’t alone in seeking to build out this knowledge base and skillset. Below, we’ve rounded up a number of ongoing initiatives and projects at law schools designed to provide students with opportunities in firearms scholarship, litigation, and legislation.

The University of Minnesota Law School Gun Violence Prevention Clinic

The clinic, a three-year pilot project, is designed to promote gun violence prevention through strategic litigation. In partnership with the Minnesota Attorney General’s Office, students will provide pro bono legal work in support of cases that help reduce injuries, deaths, and trauma resulting from gun violence. The clinic will also establish a home for gun violence prevention litigation in the Great Lakes area and increase litigation expertise and resources for Second Amendment and gun violence prevention.  

The Duke Center for Firearms Law

The Center, launched in 2019, seeks to grow scholarship in firearms law and serve as a “balanced and reliable” resource for stakeholders including scholars, judges, lawyers, policymakers, journalists, and the public through research and programming. 

Washington University in Saint Louis School of Law’s Initiative on Gun Violence and Human Rights

Law students participate in in-depth research projects to better understand the underpinnings of the U.S. gun violence crisis and to examine the issue through international human rights instruments. The initiative supports information sharing through conferences and webinars, as well as publishing articles and research. Last year, Leila Sadat, Initiative Director and Professor, contributed to an amicus briefing filed at the Supreme Court for New York State Rifle & Pistol Association v. Bruen. 

Yale Law School’s Law, Policy, and Guns Project at the Solomon Center for Health Law and Policy 

The Solomon Center places a spotlight on issues related to gun violence in the U.S. The Center has sponsored a course offering (2020), a special issue of The Journal of Law, Medicine & Ethics (2020), and continues to facilitate public events as well as serve as a home for research and scholarship efforts.  

New York Law School’s Gun Safety Legislative Advocacy Clinic

In partnership with Everytown for Gun Safety, New York Law School offers a hands-on clinic to engage students with gun safety advocacy and legislation. Students will gain experience in legislative research as well as in drafting legislative proposals, creating campaigns, and building coalitions in support of their bills. They will also learn to critically analyze proposed gun bills based on existing laws and legislative efforts, and to serve as counterpoints to the gun lobby.

Harvard Law Students Demand Coursework and Clinics in Reproductive Rights and Justice

Last month, the Harvard Law School Alliance for Reproductive Justice, a student group, staged a sit-in on campus to shine a light on the school’s lack of movement on reproductive justice offerings. They noted that students have been demanding coursework in reproductive rights for a decade, but that the school has done little more than to provide a few elective courses with visiting professors. In a demand letter submitted by the group to the administration last week, the students requested a reproductive justice clinic, at least one dedicated faculty member, and a curriculum. In their letter, the students also called out existing offerings at other law programs, which include:

• New York University Law School Reproductive Justice Clinic and Advanced Reproductive Justice Clinic: This clinic trains students in the legal knowledge and skill required to secure fundamental liberty, justice, and equality for people across their reproductive lives, with a particular focus on pregnancy and birth. For current clinic work, students participate in advocacy and litigation around legal or policy frameworks restricting the autonomy and undermining the equality of pregnant, parenting, and birthing women; or punishing persons by virtue of their reproductive status.

• Yale University Reproductive Rights and Justice Project: Students gain firsthand experience in fast-paced litigation and timely and strategic advocacy in a highly contested area of the law, confronting knotty procedural problems as well as substantive constitutional law questions in an area where established doctrine is under siege. Students advocate for reproductive health care providers and their patients, learning the vital importance of client confidentiality, as well as the impact of political movement strategy and management of press and public messaging.

• Columbia University Center for Gender and Sexuality Law: This center's mission is to formulate new approaches to complex issues facing gender and sexual justice movements. The Center is the base for many research projects and initiatives focused on issues of gender, sexuality, reproductive rights, bodily autonomy, and gender identity and expression in law, policy, and professional practice.

• Cornell University Gender Justice Clinic: This clinic engages in local, national, and global efforts to address gender-based violence and discrimination. Issues covered include intimate partner violence, sexual assault, gender-based violence in institutional settings, discrimination at work and in the criminal legal system, discrimination based on gender identity or sexual orientation, and reproductive rights, among others. 

• University of California – Berkeley Center on Reproductive Rights and Justice: This center is a multidisciplinary research center dedicated to issues of reproduction and designed to support law and policy solutions by bridging the academic-advocate divide.

• UCLA Center on Reproductive Health, Law, and Policy: This center is committed to training the reproductive law and policy leaders of tomorrow, while empowering the advocates and scholars of today. By creating a trusted hub on the West Coast for local and national convenings, the Center engages academics, community members, and practitioners to reimagine the landscape of reproductive health, law, and policy.

Social Media Makes its Way into the Law School Curriculum

Social media has become an integral part of most people’s daily interactions and difficult questions continue to arise about its usage and governance. As a result, social media law is growing in importance, and correspondingly among law school offerings. A number of elite law schools now include social media law courses in the curriculum, and interdisciplinary research opportunities (often led by law schools) on the topic are growing in popularity. A small sampling of available courses and centers for research are highlighted below: 

• Harvard Law offers a course titled, Social Media and the Law, which considers a wide range of questions including: What values and principles ought to inform platforms as they evaluate what expression to regulate and how? What institutions should shape regulatory processes? How do plural global actors (of varied legal systems and values) influence content governance? 

• Pace Law offers a course titled, Internet Law-Regulation of Social Media, which explores the legality of social media within the contexts of legal disputes and the practice of law, including jury selection, employment, defamation, and e-discovery. 

• Columbia Law offers a seminar titled, Law and Regulation of Social Media, which aims to provide students with an understanding of the legal issues associated with social media use by companies, employees, students, and the government, and to shift students’ mindsets from those of social media end-user to lawyer. It also explores ethical and professional issues stemming from social media in the judicial process and in legal practice. 

• Harvard also hosts the Berkman Klein Center for Internet and Society, which was initially founded as a part of the Harvard Law School and then elevated to an Interfaculty Initiative. The Center hosts the Institute for Rebooting Social Media, which is a targeted research initiative focused on issues related to social media including: misinformation, privacy breaches, harassment, and content governance.

• The Yale Law Justice Collaboratory is a science-based research group hosted by Yale Law School, which facilitates interdisciplinary research on improving the criminal justice system. The group works closely with the Social Media Governance Initiative, which considers what social media governance could and should look like, with an end goal of a social media network that promotes healthy online interactions and the betterment of society. 

• Purdue University’s Global Concord School of Law is unveiling a free online course on social media law. The course, which is geared towards lay people, law students, and lawyers, consists of four self-paced modules: Introduction to Social Media Law, Intellectual Property, Free Speech and Its Limitations, and Social Media Policy and Ethics. Martin Pritikin, Dean of Concord Law School, describes the reasoning behind the course. “Social media is such a pervasive part of our lives, but most people aren’t aware of the numerous legal issues that may be raised, both as individuals and as employees, any time they post, share or comment,” he said. “Concord is pleased to be able to offer a free micro-credential in social media law that can provide useful background for lay people and legal professionals alike.”

New Attorneys Lack Leadership and Client Interaction Skills

Law students name communication as the top soft skill required for lawyers. Practicing lawyers are more likely to say that it’s judgment. Bloomberg Law’s Law School Preparedness Survey provides insight into how law school prepares new attorneys for legal careers from the perspective of practicing attorneys, law students, faculty, and law librarians. And, on this particular point, attorney and student views were not quite aligned. After communications, students named research and self-management as the top soft skills, while attorneys placed communication and self-management after judgment.

Veteran attorneys were also asked to rate new attorneys’ soft skills on a scale from very weak to very strong. Not surprisingly, attorneys ranked new arrivals highest on email skills with 77 percent of attorneys reporting the skill slightly strong, strong or very strong. Attorneys ranked critical thinking (68 percent), organization skills (62 percent), and verbal communication (62 percent) next highest among the soft skills. On the other end of the spectrum, leadership skills and client interactions garnered the highest percentages of very weak, weak, or slightly weak ratings, at 65 and 64 percent respectively. Networking, decision-making, and judgment fared only slightly better with over 50 percent of attorneys rating new attorneys weak in these skills. Notably, the practicing attorneys’ ratings did not overlap significantly with the views of faculty, who generally rated new attorneys’ soft skills more positively, with the exception of client interactions and email.    

The survey also asked respondents where they thought the skills should be taught: in undergraduate courses, in law school, or on the job. There was consensus across all groups— attorneys, law students, faculty, and law librarians—that writing and research skills should be obtained prior to starting work and that management skills should be taught on the job. Across the groups, a majority felt that research and writing skills should be taught in law school. As for soft skills, there was a lack of agreement across groups. Law students and law librarians believe soft skills belong in the undergraduate curriculum at 46 and 47 percent, respectively. Attorneys were most likely to say that soft skills should be acquired on the job (43 percent), and 47 percent of faculty thought soft skills should be taught in law school. 

Finally, veteran attorneys were asked what skills they wish new attorneys had prior to practicing, and what skills they wish they had been taught prior to starting work. For new arrivals, the vast majority named client communications and interactions (80 percent), and professional writing (79 percent). Similarly, attorneys said that they wished they had learned client interactions (55 percent), conflict management (42 percent), leadership skills (33 percent), and professional communications (31 percent) prior to starting their careers.

Find the full survey results here.

Innovation and Technology: Key Topics in Today’s Law School Curriculum

As the legal industry continues to evolve, so too has legal education. Thus, prospective law students should pay careful attention to the changing markets for legal services, how technology may be disrupting their fields of interest, and how schools on their list are responding to such change.

In a recent Forbes Online article, Mark Cohen describes the changing landscape of legal services as the role of legal technology increases. He references a Thomson Reuters analysis, issued earlier this year, that showed a 484 percent increase in new legal services technology patents filed globally over the past five years, with the majority filed in U.S. and China (38 percent and 34 percent respectively). The analysis reports that these numbers “reflect the rise of alternative legal services—such as virtual law firms—and the rapid expansion of the online legal industry. This trend is in large part being driven by businesses and individuals looking beyond traditional channels for legal advice.” And it supports findings presented in Deloitte’s Future Trends for Legal Services report, published in 2016, which reported data from a survey of in-house legal services purchasers. Over half of respondents predicted technology would replace the tasks of in-house lawyers in just five years. Additionally, respondents reported a need for legal partners that go “beyond legal,” or what a major law firm typically delivers, and incorporate expertise on industry topics, cyber and data security, and proactive knowledge sharing.

The future for practicing lawyers is shaping up to look considerably different from what we’ve grown accustomed to. Cohen predicts that in the future, “Fewer lawyers will engage in pure ‘practice’ and many more will leverage practice skills and a suite of new ‘delivery’ skillsets to perform as-yet unidentified legal delivery functions.“

So, what does this mean for prospective law students? It means they should be paying close attention to how schools’ are adapting their curricular offerings and knowledge center initiatives to integrate technology and business topics. Daniel Linna, Director of LegalRnD at the The Center for Legal Services Innovation at the Michigan State University College of Law recently launched a prototype for the Legal Services Innovation Index. This is a tool that can be used to track and measure innovation in legal education. While Linna warns that it does not measure quality and should not be considered a ranking, in using this tool, prospective law students can quickly gather information and compare technology-related offerings at various schools. The prototype model currently uses ten technology and legal-service delivery disciplines and includes 38 schools. It is not yet a comprehensive tool, but there are plans for increasing its scope.

Most importantly, Linna’s prototype is a much-needed acknowledgement of the changing nature of the field and the need for law schools to think innovatively about how best to prepare the lawyers of the future. “We need to start measuring these things, start describing innovation and measuring it,” Linna said. “We need metrics for what is happening in the legal industry.”

The Center for Legal Services Innovation has also created an innovation measurement for Law Firms, which is in Phase One.