The New Client: Claude

How AI is changing the way that clients engage with their lawyers, from a junior lawyer’s perspective.

AI is a growing feature of day-to-day legal practice, particularly for junior lawyers. Firms are investing significant sums in generative AI and expect effective use to improve efficiency. This has triggered a seismic shift in the responsibilities and roles of junior lawyers. Traditional trainee tasks, such as the first sift of a large document review, initial legal research or producing early drafts may now be undertaken by AI. Many speculate that junior lawyers are missing out on the fundamentals which have traditionally played an important role in training and development.

Less discussed, but a very real change facing junior lawyers, is the impact of clients using AI to “assist” with their legal case.

Increasingly, clients have already consulted AI on their case before taking legal advice, and are simply seeking “official” sign-off on their intended strategy. Draft documents may present numerous causes of action with considerable confidence; cite multiple authorities and may run to many pages. The client is therefore convinced that they are well set up for inevitable success at minimal further cost.

The challenge for us is not simply working out which strategy to pursue, factoring in merits, costs, evidential issues and proportionality, but also persuading the client to trust our judgment. Persuading a client that their 15 causes of action should become three requires confidence, client management and tact. Dealing with the frustration and pressure of vicarious arguments with AI can also undermine confidence and be detrimental to wellbeing.

This is not just theoretical. We are seeing clients who turn to AI for second opinions on the advice they have received from their lawyer. This complicates the review process, as clients have seemingly identified new legal arguments, authorities and nuances to the drafting which need to be assessed. Each point requires proper review. This raises issues of privilege, confidentiality and costs.

Privilege and Confidentiality

Clients need to understand from the outset that AI use risks privilege and confidentiality. Juniors must be confident to explain the importance of legal professional privilege and how to protect it. Privilege depends on information remaining confidential. Clients may not appreciate that uploading confidential documents to a public AI platform may compromise confidentiality and cause the loss of privilege.

Clients may also inadvertently disclose personal, commercially sensitive or confidential information relating to other individuals or organisations involved in the matter, which could give rise to privacy or data protection issues.

There is also the slightly unusual dynamic of a client putting counsel’s carefully drafted documents through AI and preferring the AI version, potentially creating conflict and distrust in advice which solicitors must work to resolve.