Assume that AI gets to the level where it doesn’t hallucinate sources and can write a functional (not good, not client-ready or Court-ready, say first or second year level) research memo or draft of a motion or letter for a partner or senior associate. How would you charge for it? Just for the senior / partner time and treat ? Some sort of flat fee (by matter or by month) if the client agrees to use AI over juniors?

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If we are just talking basic first draft sorta thing, I’d say the same way you handle west law/lexis expenses. Either pass the fee associated with its use through to the client, or else eat it as a business expense if it is low enough.

Gets more interesting as it gets more sophisticated and the creators try and compete with “human” firms, but in that case I don’t get to be the one charging for it so it’s not my issue. And hopefully I’m retired before I would need to think about competitive advantages over AI.

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Believe it or not, this exists. The reason ChatGPT hallucinates fake case law and stuff is because it’s not hooked into a research database. Case text launched CoCounsel a few weeks ago for $500/mo. Runs on ChatGPT’s engine. Connects to your database of case files, and is connected to case research tools. You can prompt it for an answer to a narrative question on a specific case and it’ll draft a memo on it. Is it BigLaw associate quality? Not necessarily. But gets the basics and quick.

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I have not found co-counsel by Casetext to be all that more helpful than west law. But I practice in bankruptcy and that appears to be too complicated for the AI at this point. The AI can not handle complex questions and it seems to just be searching for words the way Westlaw does. Sadly.

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