With Them or Against Them...Embracing AI and the Unknown in Legal Education
By Candice L. Kline, Assistant Professor of Law, University of Toledo College of Law
The burst of artificial intelligence (AI) onto the landscape of higher education and legal practice presents a familiar change paradigm: accept it or go the way of the dinosaurs. But the realities of incorporating AI into legal learning and practice need not be so binary. The most constructive approach is one of moderate, thoughtful adoption.
Students are already using generative AI tools based on large-language models, whether from their undergraduate studies or daily lives. Popular models such as ChatGPT, Gemini, and Copilot are widely known and increasingly integrated into browsers and productivity software. Even simpler AI-based tools, such as Microsoft Editor, WordRake, and Grammarly, make clean writing accessible but also, in a sense, automated. Their ubiquity raises legitimate questions about how to continue teaching foundational writing and analytical skills when automation is just a click away.
A similar tension arises with research competence and professional judgment. The well-publicized incidents of AI-generated briefs containing fabricated case citations have prompted necessary conversations about responsible use. Yet, each “AI hallucination” is also a teachable moment. It is an opportunity to strengthen students’ habits of verification, analytical skepticism, and source evaluation. Used well, AI can reinforce rather than erode the essential disciplines of good lawyering. It may also level the playing field for small and solo practitioners. A recent NBC News article profiled pro se litigants using AI, some quite successfully, highlighting new access-to-justice opportunities when traditional legal services are out of reach.1
Law schools, including the University of Toledo College of Law, have adopted policies addressing AI use.2 Still, uncertainty persists around student reliance on AI in graded assessments, despite explicit guidelines, honor codes, and faculty oversight. Some professors are responding with more in-person, closed-book assessments. According to the Wall Street Journal, the Blue Book is making a comeback and not for nostalgia’s sake.3 Others rely on secure testing platforms such as Blackboard Ultra, which are well-suited to the challenge. Given law school’s high-stakes environment—where grades and rankings matter—it is hardly surprising that AI temptation exists. The question becomes how best to guide responsible, ethical use.
Curriculum design offers one promising path forward. Many law schools now integrate AI directly into their courses, either through stand-alone classes or as part of existing doctrinal and skills instruction. Professors are using AI to enhance, not replace, pedagogy: as a study coach, a drafting assistant, or a simulation tool in ADR and professional responsibility courses. Such measured experimentation and sandboxing AI for formative exercises, practice problems, or writing feedback invites creativity without compromising academic integrity.
A persistent challenge centers around ethics and professional responsibility in practice. Each court order sanctioning lawyers for AI misuse underscores the importance of technological competence: a natural extension of the duty of competence under Model Rule 1.1 and as reaffirmed in ABA Formal Opinion 512 (2024).4 That opinion emphasizes that while lawyers may use generative AI to enhance efficiency, they must do so with informed oversight, confidentiality protection, and verification of all outputs. Framed this way, ethical use is not a limitation but a professional obligation, ensuring that AI serves clients without substituting for legal judgment.
Today’s AI is the worst AI we will ever use.5 Technology will only improve, but the lawyer’s core responsibilities of judgment, integrity, and ethical reasoning remain timeless. AI is a capable assistant, not a counselor; it can suggest a pathway through complex doctrine, but only the well-trained legal mind can choose the right one. AI’s future in legal education will depend not on avoidance or overuse, but on thoughtful stewardship that preserves the legal profession’s core values and continued vitality.
Candice L. Kline is a member of the TBA and holds a JD from the University of Toledo College of Law. She also has an MBA from the University of Chicago and has practiced corporate bankruptcy law nationally. The views expressed in this article are those of the author and do not necessarily reflect the views of the University of Toledo.
Editor’s Note: In the spirit of writing about AI with AI, and practicing transparency, the author refined portions of this article with editorial assistance from ChatGPT, an AI-based writing tool used to enhance clarity and tone.
1 Gadi Schwartz, More Americans Are Using ChatGPT in Place of Lawyers, NBC News (Oct. 7, 2025), https://www.nbcnews.com/nightly-news/video/more-americans-are-using-chatgpt-in-place-of-lawyers-249308742000.
2 Univ. of Toledo Coll. of L., Generative Artificial Intelligence Policy, https://www.utoledo.edu/law/studentlife/resources/generative-ai-policy.html (adopted Mar. 27, 2024).
3 Ben Cohen, They Were Every Student’s Worst Nightmare. Now Blue Books Are Back., Wall St. J., May 23, 2025, https://www.wsj.com/business/chatgpt-ai-cheating-college-blue-books-5e3014a6.
4 See Am. Bar Ass’n, ABA Issues First Ethics Guidance on a Lawyer’s Use of AI Tools (July 29, 2024), https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/aba-issues-first-ethics-guidance-ai-tools; ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 512: Generative Artificial Intelligence Tools (July 29, 2024), https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/aba-formal-opinion-512.pdf.
5See Jason Michael Perry, Issue #76: Today’s AI Is the Worst It Will Ever Be, https://jasonmperry.com/newsletter/issue-76-todays-ai-is-the-worst-it-will-ever-be/; Ryan Baum, “This Is the Worst AI Will Ever Be,” Says Ryan Baum, Managing Editor (Jan. 10, 2024), https://managingeditor.com/this-is-the-worst-ai-will-ever-be-says-ryan-baum/.
