By: Prof. Samantha Moppett
In an era where artificial intelligence is reshaping the legal profession, one skill remains irreplaceable for law students and practitioners alike: critical thinking. As AI tools like ChatGPT and Claude become increasingly integrated into legal work, the ability to think critically has never been more valuable—or more at risk.
AI in Legal Practice: Revolution, Not Replacement
Artificial intelligence has arrived in the legal profession with impressive capabilities. Today’s AI can draft documents, research case law, review contracts, and even generate initial briefs—tasks that traditionally occupied many billable hours for junior associates and paralegals. A Goldman Sachs study estimates that approximately 44% of legal tasks are susceptible to automation.
However, AI will not replace lawyers entirely. The technology excels at process-driven, routine tasks but falls short when it comes to nuanced judgment, strategic decision-making, emotional intelligence, and relationship building—skills that form the essence of high-level legal practice.
Why Critical Thinking Matters More Than Ever
Critical thinking—that metacognitive process involving skills and dispositions that lead to logical solutions and valid conclusions—serves as the bridge between AI capabilities and effective legal practice. As AI handles more routine tasks, lawyers must excel at:
- Evaluating AI outputs – Assessing the accuracy, relevance, potential biases, and compliance with legal standards of AI-generated content
- Contextual understanding – Incorporating broader social, economic, and political factors that AI might miss
- Ethical reasoning – Ensuring AI-generated work adheres to professional responsibilities and ethical standards
- Strategic thinking – Developing case strategies and anticipating opposing arguments in ways AI cannot replicate
As one commentator aptly noted, “Just as calculators did not replace the need for learning math, AI will not replace the need for learning to write and think critically.”
The Critical Thinking Deficit
Despite the increased importance of critical thinking skills, evidence suggests a concerning deficit among today’s students. Recent assessments reveal that only 45% of university students tested were proficient in critical thinking, while one in five demonstrated merely “emerging” talent in this area. Moreover, while 98% of employers rate critical thinking as essential, only 56% find graduates proficient in this skill.
This deficit stems from various factors, including educational systems that emphasize standardized testing over analytical reasoning, reduced focus on liberal arts education, and the impact of technology on cognitive processes. Ironically, the convenience of generative AI itself may contribute to this problem by discouraging the development of independent analytical capabilities.
Strategies for Law Students in the AI Era
To thrive as future lawyers in an AI-augmented legal landscape, today’s law students should:
- Actively develop critical thinking dispositions – Cultivate inquisitiveness, systematicity, open-mindedness, truth-seeking, analyticity, cognitive maturity, and critical thinking self-confidence
- Practice core cognitive skills – Focus on interpretation, analysis, evaluation, inference, explanation, and self-regulation
- Learn to partner with AI – Understand both the capabilities and limitations of AI tools, including how to prompt effectively and evaluate outputs critically
- Seek authentic assessment – Embrace assessment methods that genuinely test your critical thinking abilities rather than merely producing outputs that could be generated by AI
The Way Forward
The future of legal practice belongs to those who can harness AI’s efficiency while applying uniquely human critical thinking skills. Rather than viewing AI as a threat to legal careers, students should see it as an opportunity to focus on developing higher-order thinking that remains distinctly human.
As law schools adapt their curricula to address the critical thinking deficit and integrate AI literacy, students who actively cultivate their analytical capabilities will be best positioned for success. In the era of AI, lawyer intelligence—particularly critical thinking—remains the essential foundation for effectively using artificial intelligence in legal practice.