THE LEGAL WRITING
CORNER
Struggling with Writer ’ s Block ? Generative Artificial Intelligence to the Rescue !
By Jennifer Cook and Denitsa Mavrova Heinrich
Although we specialize in writing , we can admit there are times when we are at a loss for words . We have stared at a blank page and blinking cursor hoping to defeat writer ’ s block . And we know we are not alone .
Our law students frequently share their struggles with writer ’ s block . In fact , we hear about it often enough that one of us has a framed inspirational quote in her office that proclaims : “ Begin Anywhere .” In the past , that phrase generally meant begin a writing project at any point in its process , so long as you start to put words on a page . Today , with the evolution of technology , “ begin anywhere ” takes on a new meaning . Beginning the writing process with generative artificial intelligence tools ( GAI ) can rescue a writer from writer ’ s block . A writer can now use GAI to access an endless pool of inspiration and generate the often dreaded first draft .
Inspiration is only a few keystrokes away with GAI . GAI analyzes vast amounts of data and learns patterns that no single writer could possibly analyze or learn in a lifetime , let alone a day . This computing process allows writers to access an endless pool of inspiration . All a writer needs to do is give a GAI tool a prompt . Take this prompt for example : “ Brainstorm creative ways generative artificial intelligence can help writers .” Pulling from a diverse group of sources , a GAI tool will respond in just seconds with topics to spark a writer ’ s creativity .
Once a writer is inspired , the writing process begins in earnest . One of the primary challenges of writer ’ s block is the difficulty of taking an idea or concept and putting it into words on a blank page . GAI can help with that . For instance , GAI can write the first draft of a project . Using GAI to assist with the initial draft allows a writer to focus on refining ideas , polishing prose , and perfecting their work rather than spend time struggling with the initial stages of ideation and content generation .
Legal writers have a number of GAI tools to choose from to help conquer the tyranny of the blank page . The widely known web platform , ChatGPT3.5 , offers free GAI services with the creation of a user account . In fact , ChatGPT helped us create an initial draft of this article . Our prompt to the GAI was simple :
“ Write a professional article that discusses how generative artificial intelligence can help writers overcome writer ’ s block .” Of course , we significantly edited the GAI ’ s response for content , organization , clarity , tone , grammar , and credibility . ChatGPT ’ s GAI is known for hallucinations — making up facts or legal cases — so checking its responses for credibility is a must . Nevertheless , GAI jump-started the writing process . Many of our colleagues in the legal writing profession use GAI to write lesson plans , draft e-mails , or create new fact patterns for assignments .
Casetext , LexisNexis , Bloomberg , and Westlaw also provide GAI tools for legal writers who may need help with overcoming writer ’ s block . When Casetext unveiled CoCounsel , the world ’ s first AI legal assistant , the company promised to revolutionize the practice of law through the use of GAI technology . 1 In addition to its ability to perform lawyering skills , such as document review , contract analysis , and legal research , CoCounsel can also draft a legal research memo . 2 All the lawyer needs to do is explain the research request to CoCounsel using normal sentences — the way the lawyer would explain it to a colleague . 3 CoCounsel will then provide an answer in the form of a legal research memo , including “ a comprehensive analysis resembling a true memorandum interpretation [] and a list of the relevant supporting authorities . . . with clickable citations for access to the full text .” 4 If satisfied with the response , the lawyer can download the memo as a Word document and get started on the motion , brief , or whatever project necessitated the search in the first place . 5 Score one for the legal writer ! Writer ’ s block : 0 ; Lawyer : 1 .
About two months after CoCounsel ’ s release , LexisNexis became the latest adopter of GAI when it announced Lexis + AI . 6 And like CoCounsel , Lexis + AI can do more than research and review — it can draft legal documents and communications . 7 The tool guides lawyers through the legal drafting process and helps generate a first draft of a memo , a client email or letter , a legal argument , or a contract clause . 8 It then allows users to use prompts to change the tone or language of the document . 9 On the transactional drafting side , Bloomberg Law uses a highly specialized AI-powered tool called Draft Analyzer . A lawyer uploads an agreement to Draft Analyzer , and — in seconds — the tool displays an interactive clause outline , providing access and context to clauses deemed important based on the uploaded
Jennifer Cook and Denitsa Mavrova Heinrich are faculty members in the Lawyering Skills Program at the University of North Dakota School of Law .
24 THE GAVEL