ChatGPT and generative AI tools are rapidly transforming legal work—from research and drafting to client intake and workflow automation. Yet with opportunity comes risk: courts, bar associations, and regulators (including the ABA) have underscored ethical concerns around confidentiality, accuracy, and professional responsibility for attorneys using AI.

For continuing legal education (CLE) audiences, the key question is no longer whether lawyers will encounter AI-powered tools, but how to use them responsibly—particularly in high-stakes contexts such as court filings, legal briefs, and legal arguments.

As bar associations continue to emphasize technological competence as part of professional responsibility, CLE providers such as NBI increasingly focus on the practical and ethical implications of AI in legal practice. For many attorneys, CLE programming has become the primary venue for learning not just what these tools can do, but how they intersect with duties of competence, confidentiality, and supervision.

How Lawyers Can Use ChatGPT Responsibly and Safely

Lawyers safely use ChatGPT by treating it as an AI-powered drafting and brainstorming tool, not a source of legal advice or authority. ChatGPT does not understand legal nuance, jurisdictional differences, or evolving case law unless the user explicitly manages those limits.

Continuing legal education plays an important role in shaping these best practices. NBI, for example, has emphasized that lawyers must understand both the capabilities and limitations of AI tools in order to comply with ABA Model Rules and state bar guidance. This includes recognizing when AI output requires heightened scrutiny and when its use may be inappropriate altogether.

Best practices for law firms include the following:

• Never input confidential information or client identifiers.

• Use ChatGPT for brainstorming and drafting only, not for final advice.

• Verify AI-generated output thoroughly.

• Supervise AI work according to ABA and bar association guidelines.

In jurisdictions like New York, where courts have already scrutinized AI misuse, lawyers must be especially cautious to ensure that AI-generated content never substitutes for professional judgment.

Safe Use Cases for ChatGPT in Legal Practice

ChatGPT performs best in low-risk, language-heavy use cases that support—but do not replace—legal analysis.

Common use cases include:

• Brainstorming legal strategy or issue framing

• Generating outlines for a legal brief

• Drafting non-final versions of legal documents

• Creating internal templates and checklists

• Summarizing background law or procedural context

Used correctly, ChatGPT helps legal professionals streamline workflows while retaining full responsibility for legal outcomes.

Using ChatGPT for Contracts and Briefs: Key Legal Considerations

ChatGPT for lawyers can assist with contract drafting and brief preparation at an early stage, but AI-generated drafts must never be filed or sent to opposing counsel without rigorous review. Courts have already imposed sanctions where lawyers submitted filings containing fabricated citations or nonexistent legal cases generated by AI.

ChatGPT does not verify:

• Citations

• Precedents

• Case law

• Jurisdictional accuracy

Accordingly, any draft legal brief, contract, or court filing produced with AI support must be treated as unverified work product.

AI-Generated Legal Content: Risks, Hallucinations & Accuracy

Hallucinations—false but plausible output—are a known limitation of generative AI. Lawyers prevent hallucinations through process, not technology.

Effective safeguards include:

• Independently checking all citations using tools like Westlaw

• Confirming that referenced legal cases and court cases actually exist

• Restricting prompts to defined, factual tasks

• Avoiding requests for legal conclusions or advice

For CLE purposes, hallucination risks are increasingly recognized as competence issues tied to supervision and diligence. CLE guidance from organizations such as NBI has increasingly highlighted hallucinations as a professional risk, not merely a technical flaw. Courts have already sanctioned attorneys for submitting AI-generated filings containing fabricated citations, underscoring that failure to verify AI output may constitute a lack of reasonable diligence.

Can ChatGPT Replace a Lawyer? Understanding AI’s Legal Limits

No, ChatGPT cannot function as a lawyer. Despite marketing language that suggests otherwise, ChatGPT does not provide legal advice, cannot assess a legal issue in context, and cannot represent clients in legal matters.

The phrase “ChatGPT lawyer” should be understood colloquially, not literally. Only licensed attorneys—and supervised paralegals—can practice law.

Key Limitations of ChatGPT for Legal Professionals

ChatGPT’s limitations are structural:

• No duty of confidentiality

• No ethical obligations

• No awareness of current law unless provided

• No accountability to clients, courts, or bar associations

These limitations are precisely why courts and regulators continue to emphasize attorney responsibility when AI tools are used.

How Attorneys Should Supervise AI Use

Supervising AI Tools: Ethical AI Use for Attorneys

A ChatGPT attorney uses AI within a controlled workflow. Responsible use includes anonymized inputs, limited scope prompts, and mandatory verification of all AI-generated output. From an ethics perspective, NBI and other CLE providers frequently analogize AI tools to nonlawyer assistance: lawyers may use them, but must supervise their use and remain fully accountable for the resulting work product. Delegation to AI does not diminish professional responsibility.

Attorneys must also supervise AI use in the same way they supervise paralegals or junior staff—another point emphasized in ABA guidance and CLE programming.

Best Practices for Verifying AI Output in Law Firms

Verification is essential whenever AI is involved in legal work. Attorneys must independently confirm:

• Citations and precedents

• Accuracy of case law summaries

• Applicability to the relevant court or jurisdiction

• Consistency with existing legal arguments

Failure to verify AI output has already resulted in court sanctions and reputational harm.

Deploying ChatGPT Securely in Law Firms

Secure Deployment of ChatGPT in Legal Workflows

Deploying ChatGPT legal tools securely requires both technical controls and policy governance. Law firms should evaluate whether consumer AI tools offered by OpenAI meet confidentiality standards and whether enterprise alternatives are more appropriate.

CLE programs offered by NBI often stress that responsible AI adoption requires more than tool selection. Law firms must develop internal policies, training, and review procedures that govern the use of AI tools across legal workflows, particularly where confidential information and court filings are involved.

Key considerations include:

• Data retention and training policies

• Access controls and permissions

• Workflow integration

• Compliance with professional responsibility rules

AI and Legal Research: Benefits and Boundaries

ChatGPT can improve legal research efficiency at a conceptual level, such as identifying relevant issues or summarizing general legal principles. However, it does not replace authoritative research platforms.

Primary research must still be conducted using trusted sources like Westlaw to ensure accuracy and reliability.

Model Selection: Which GPT Is Suitable for Law Firm Use?

Choosing the Right GPT Models for Legal Work

More advanced GPT models generally produce better language output, but no GPT lawyer—regardless of model—can replace legal judgment. Model quality does not eliminate ethical risk.

For CLE audiences, the focus should remain on governance and supervision rather than model selection.

Fine-Tuning GPT Legal Models: Does It Matter?

Specialized fine-tuning may improve relevance, but it does not transform GPT into a legal professional. Even fine-tuned systems require human oversight and verification.

Integrating GPT Legal Tools into Your Law Firm Systems

How do GPT-based systems integrate with law firm tools?

GPT legal systems increasingly integrate with document management systems, workflow platforms, and research tools. These integrations can streamline legal work but also introduce risks around data access and confidentiality.

Firms must carefully assess integrations before allowing use in live legal practice.

Document Upload Risks with ChatGPT in Legal Contexts

Uploading legal documents poses serious risks if confidential information is exposed or retained. Lawyers should avoid uploading sensitive materials unless protections are explicit and enforceable.

This risk is especially acute when dealing with court filings, legal briefs, and active legal cases.

Prompt Engineering Tips for Lawyers Using ChatGPT

What prompts help lawyers get reliable results?

Effective ChatGPT prompts for lawyers are narrow, structured, and factual. Prompts should ask for outlines, summaries, or alternative phrasing—not legal advice or conclusions.

Clear prompting improves output quality and reduces hallucinations.

Using ChatGPT for Faster Client Intake – With Caution

ChatGPT can accelerate client intake by summarizing information and organizing responses. However, evaluating a legal issue, assessing risk, and determining strategy must remain with the attorney.

Frequently Asked Questions (FAQ)

Is using ChatGPT ethical for lawyers?

Yes, when used with supervision, verification, and confidentiality safeguards. Lawyers are responsible for ensuring AI-generated content meets ethical and professional standards.

Can lawyers rely on ChatGPT citations?

No. All citations must be independently verified. ChatGPT cannot guarantee citation accuracy, and relying solely on its output without verification can lead to ethical violations.

Does AI use affect malpractice risk?

Improper use may increase risk; proper governance can reduce it.

Should AI use be disclosed to clients?

Disclosure depends on jurisdiction, firm policy, and materiality.

Next Steps: CLE Courses and AI Readiness Resources

Ready to integrate AI into your practice responsibly? Explore NBI’s AI for Lawyers CLE courses to gain the knowledge and skills you need to ethically and effectively leverage AI assistants, automation tools, and legal technology in your work.

Not sure where your firm stands with AI? Take the FREE 5-minute Legal AI Readiness Scorecard to evaluate your firm’s preparedness. Get a personalized action plan and discover the next steps to effectively adopt AI while maintaining compliance and professional responsibility. Take the quiz to get started.

Professional Disclaimer

This article is for educational purposes only and does not constitute legal advice or CLE accreditation. Use of AI tools does not diminish an attorney’s ethical obligations under applicable ABA Model Rules, state bar rules, or court orders. Attorneys remain fully responsible for all legal work, court filings, and representations to the court and opposing counsel.