The Verification–Value Paradox: A Normative Critique of Gen AI Use in Legal Practice

Abstract

It is often claimed that machine learning-based generative artificial intelligence (‘AI’) products will drastically streamline and reduce the cost of legal practice. This enthusiasm assumes lawyers can effectively manage AI’s risks. Cases in Australia and elsewhere in which lawyers have been reprimanded for submitting inaccurate AI-generated content to courts suggest this paradigm must be revisited. This paper argues a new paradigm is needed to evaluate AI use in practice, given (a) AI’s disconnection from reality and its lack of transparency, and (b) lawyers’ paramount duties like honesty, integrity, and not to mislead the court. It presents an alternative model of AI use in practice that more holistically reflects these features (the verification–value paradox). That paradox suggests increases in efficiency from AI use in legal practice will be met by a correspondingly greater imperative to manually verify any outputs of that use, rendering the net value of AI use often negligible to lawyers. The paper then sets out the paradox’s implications for legal practice and legal education, including for AI use but also the values that the paradox suggests should undergird legal practice: fidelity to the truth and civic responsibility.