Legal Research and Writing:  Ted Tjaden

 


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Legal Research and AI

AI in the practice of law

Artificial intelligence (AI) is changing how lawyers work. Instead of spending hours on repetitive tasks like document review or first‑draft research, lawyers can now use AI tools to scan huge databases, draft memos, or suggest contract language in seconds. This doesn’t mean lawyers are being replaced. It means their work is shifting: less time on routine tasks, more time on strategy, advocacy, and client advice.

There are several types of AI being used in law firms:

Large Language Models (LLMs)

LLMs, such as Claude or OpenAI's GPT 5, are trained on massive bodies of text to understand and generate human like language. In law, they are used for drafting memos, summarizing case law, generating first draft contracts, and answering complex legal queries in plain language. For example, a Canadian firm might use an LLM to produce a first draft of a shareholder agreement, that a lawyer then reviews for accuracy and compliance with provincial statutes. The strength of LLMs is in their speed and fluency, but they require human oversight to avoid “hallucinations” (fabricated facts or citations), which can be a problem especially for self-represented litigants (SLRs), with there being many examples in Canada of SLRs (and lawyers too) being caught submitting hallucinated case law to the court (discussed below).
 
Generative AI (Gen AI)

Gen AI refers to systems that create new content — text, images, code, or even structured data — based on learned patterns. In legal practice, text based generative AI can produce tailored client letters, litigation pleadings, or discovery summaries. For example, Harvey AI can integrate with internal firm knowledge bases to generate legal arguments or due diligence reports, drawing on both public law and internal precedents.
 
Machine Learning (ML) for Predictive Analytics

ML models identify patterns in historical data to make predictions about future outcomes. In litigation, predictive analytics can forecast case outcomes, likely settlement ranges, or judicial tendencies based on past rulings. For example, Blue J Legal’s tax and employment law tools use ML to predict how courts or tribunals might decide based on fact patterns, helping lawyers advise clients on litigation risk. ML models can also be applied in compliance monitoring, such as flagging transactions or contracts that deviate from regulatory norms.
 
Natural Language Processing (NLP)

NLP focuses on enabling computers to understand, interpret, and manipulate human language. In law, NLP powers advanced search in legal research databases, clause extraction in contract review, and automated classification of discovery documents. For example, an e-discovery platform might use NLP to identify all documents mentioning a specific legal concept, even if synonyms or industry jargon are used.
 
Expert Systems and Rule Based AI

Expert systems encode legal rules and decision trees to provide consistent outputs for defined fact patterns and are often used in compliance checklists, eligibility assessments, and automated form generation. For example, a provincial legal aid portal might use a rule based AI to determine whether a user qualifies for assistance based on income, family size, and case type.
 
Speech Recognition and Voice AI

Many AI tools are good at translation and can also convert spoken language into text and provide real time transcription and analysis. This technology can be used in depositions, hearings, and client interviews to produce searchable transcripts.

Here are several AI tools being used in Canadian law firms:
  • Blue J Legal: Blue J Legal is a Canadian legal technology company that applies artificial intelligence to analyze case law and predict legal outcomes, primarily in tax and employment law contexts.
  • CoCounsel (Thomson Reuters): This product is expected to use AI to assist legal research by leveraging content on Westlaw. It also has the ability to analyze and summarize lengthy documents (such as discovery or trial transcripts).
  • DraftWise: DraftWise is a legal drafting platform that uses artificial intelligence to help lawyers access and apply precedent language from their firm’s document repository directly within Microsoft Word.
  • Lexis+ Canada AI: As part of an add-on subscription, LexisNexis will use its proprietary AI to search content on Lexis+ Canada. 
  • Harvey AI: Harvey AI is a large language model that can analyze contracts, review and analyze large volumes of documents quickly, predicting case outcomes and ensuring that legal documents comply with relevant regulations and standards. In addition to performing legal research, it can assist in drafting legal documents and works in multiple language.
  • Microsoft Copilot: Although Microsoft Copilot is not focused specifically focused on lawyers, most law firm use Microsoft products. Although there is a free version of Microsoft Copilot included with most web browsers, a licensed version is embedded into Microsoft products such as Microsoft Word or Teams that  can help to generate draft contracts, legal briefs based on input and templates; conduct legal research and summarize concepts and principles; record client meetings on Teams and provide transcripts and summarize “action items” after the meeting; convert content in a Word document into a PowerPoint slide show in seconds; rewrite text into plain English; and evaluate potential risks in documents or scenarios, providing a comprehensive analysis.
Ethics and regulation are now catching up. Canadian courts and law societies have started issuing rules and guidance on how lawyers can safely use AI. Some courts now require lawyers to certify that their citations are authentic, after cases where AI tools produced fake authorities. For a useful online database of links to close to 500 court decisions from around the world where lawyers or self-represented litigants were found to have used AI-hallucinated case law in their court filings, see AI Hallucination Cases by Damien Charlotin, currently listing close to 40 decisions from Canada involving both lawyers and self-represented litigants.

AI and legal tech impacting legal research and writing


There are also several products focused specifically on legal research and writing:
  • BriefCatch: BriefCatch is a Word add-in aimed at lawyers that "catches" sub-optimal drafting as a spellchecker and grammar checker that, in providing suggestions on how to improve your writing, will provide examples of good writing compared to your wording by referring to court filed briefs or court judgments.
  • CiteRight: CiteRight is a Word and browser plug-in that can automate McGill Guide citations. It also creates a library of your citations and can create a hyperlinked book of authorities in a matter of seconds while black-lining pinpoint citations in your book of authorities.
Here is a non-exhaustive list of some recent books and reports and articles on AI and the law (links to content on commercial databases requires your own subscription/password):

Books and reports on AI and the law
  • Aidid, Abdi & Benjamin Alari. The Legal Singularity: How Artificial Intelligence Can Make Law Radically Better. (Toronto: University of Toronto Press, 2023) [website].
  • Bensoussan, Jérémy & Jean-François Henrotte. Legal Aspects of Artificial Intelligence. (Toronto: LexisNexis Canada, 2019) [bookstore].
  • D'Agostino|, Giuseppina  et al. Leading Legal Disruption: Artificial Intelligence and a Toolkit for Lawyers and the Law. (Toronto: Thomson Reuters Canada, 2021) [bookstore].
  • Dobrev, Dessislav. Artificial Intelligence and the Law: A Comprehensive Guide for the Legal Profession, Academia and Society.(Toronto Thomson Reuters Canada, 2021) [bookstore].
  • Heisler, Natalie & Maura Grossman. Standards for the Control of Algorithmic Bias: The Canadian Administrative Context (Boca Raton, FL: CRC Press, 2023) [bookstore].
  • Martin-Bariteau, Florian. Artificial Intelligence and the Law in Canada (Toronto: LexisNexis Canada, 2021) [bookstore].
  • Presser, Jill et al, eds. Litigating Artificial Intelligence: 2021/2022 Edition (Toronto: Emond, 2021). [bookstore].
  • Susskind, Richard. How to Think About AI: A Guide for the Perplexed (London: Oxford University Press, 2025) [bookstore].
  • Susskind, Richard. Tomorrow’s Lawyers: An Introduction to Your Future, 3rd ed. (London: Oxford University Press, 2023) [bookstore].

Recent, selected articles on AI and the law
(any links to commercial databases below are for convenience only and will require your own password)
  • Diana Drappel, “AI Primer” in 14th In-House Counsel Summit (Toronto: LSO, 2024).
  • Anna Wong, "Here Comes Sophia: Is Tort Law Ready for Autonomous AI"? (Spring 2024) 42:4 Adv Soc J 12.
  • Nathaniel Lipkus et al, “Time to Talk About Ownership of AI-Generated Intellectual Property Assets” (Mar 2022) 22 Internet & E-Com L Can 132.
  • Lindsay Paquette, “Artificial Life Imitating Art Imitating Life: Copyright Ownership in AI-generated Works” (Apr 2021) 33 IPJ 183.
  • Laura Viselli, “Artificial Intelligence and Access to Justice: A New Frontier for Law Librarians” (2021) 46:2 Can L Libr Rev  17.
  • Leanee Soares, “Artificial Intelligence in Canadian Law Libraries” (2020) 45:4 Can L Libr Rev 16.
  • James Wagner, “Rise of the Artificial Intelligence Author” (July 2017) 75 Adv (Van) 527.


  Cover of 4th edition of Legal
                Research and Writing (Irwin Law)

Legal Research and Writing:
4th Edition

by Ted Tjaden

Softcover 512 pgs
Published: January 2016
ISBNs:
Paperback: 978-1-55221-414-5
e-bbook: 978-1-55221-415-2 

Purchase here via UT Press

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