Rethinking How We Train the Next Generation of Lawyers

Here is my recent Daily Record column. My past Daily Record articles can be accessed here.

****

Rethinking How We Train the Next Generation of Lawyers

The proliferation of artificial intelligence (AI) technologies has occurred far faster than that of any technology that preceded it. Recent data from the 8am Legal Industry Report indicates that just three years after ChatGPT’s public release, nearly three-quarters (69%) of legal professionals used general-purpose generative AI tools like Claude and ChatGPT for work-related purposes.

This rate of technology adoption is unprecedented in our profession, and its long-term impact on the legal field’s structural underpinnings is hazy, at best. What is clear, however, is that things will never be quite the same. Flexibility and creativity will be required as our profession adjusts to the foundational changes that are underway. Adapting will require rethinking some long-standing assumptions about how legal work gets done and how lawyers are trained to do it.

As explained by Albany Law School’s Professor Raymond H. Brescia in the recent Fordham Law Review article, Training to the Tech: Fostering the Ethical Adaptation to and Adoption of Emerging Technologies in the Practice of Law, (Volume 9, Issue 4), "the profession now stands at another inflection point, one defined by artificial intelligence. The traditional pathways through which lawyers acquire the norms of the profession do not align with the pace and character of technological change." 

For generations, as Brescia describes, "the legal profession has created both formal and informal systems to instill emerging lawyers with the practices, habits, and norms associated with the practice of law" through a combination of "law school training and postgraduation mentoring—backed by accreditation requirements, a bar examination, continuing legal education obligations, and supervisory responsibilities."  That system assumed firms would complete what law schools began.

However, AI is now absorbing the entry-level work that was once the training ground for young lawyers, eliminating the hands-on experience that turned law school graduates into practicing attorneys. The challenge, as Brescia puts it, is "not to train lawyers despite technology but to train them to the technology." In other words, law schools must both teach students about AI and use technology to deliver the kind of practice-based training that firms can no longer be counted on to provide.

I recently had the opportunity to demo software that does just that: DepoSim. DepoSim is an example of an innovative tool law schools can incorporate into their curriculum to set their students up for future success, whether as solo practitioners or associates in law firms. 

It was recently released by AltaClaro, a company that provides experiential training for the legal profession. Launched in partnership with Verbit, it offers simulation-based deposition training, involving role-play with real-time AI-powered feedback. The software is marketed to law firms, but I see a clear opportunity for law schools seeking to equip students with future-ready skills. 

As a former litigator, I was excited to see the simulation in action and was pleasantly surprised by the experience. You are provided with a litigation file that includes documents such as the complaint, interrogatory responses, a franchisee contract, and more. When the simulation is launched, you’re able to choose the personality of the deponent (for e.g. the overtalker, the polished professional, or the “hostile but inarticulate witness”) and opposing counsel's demeanor (for e.g. the silent observer, the polite shield, or the aggressive gatekeeper). Once the deposition commences, you verbally question the witness, who responds in kind. 

There is a court reporter who marks the evidence, and opposing counsel who occasionally interjects with objections. At the close of the deposition, you receive feedback on your performance along with suggestions for improvement. 

Overall, I found that the simulated deposition felt realistic and the software offered an engaging, interactive experience. Currently, there is only one assessment rubric, and I didn’t necessarily agree with the overall approach. It was overly formulaic and focused too much on the “right” way to conduct a deposition rather than the effectiveness of the outcome. 

That being said, there are plans to eventually allow firms (or law schools) to upload their own deposition playbooks, enabling them to provide an experience uniquely tailored to their specific needs and learning goals. AltaClaro also intends to expand the simulation to include other litigation skills, such as preparing opening and closing statements and conducting cross-examinations.

DepoSim is an intriguing example of technology that law schools can leverage to better prepare their students for an AI-enabled profession. As AI takes over more of the routine work that junior lawyers once learned from, law schools need to find other ways to fill that gap. Simulation tools like DepoSim can provide students with realistic, hands-on practice in core litigation skills before they graduate. The firms hiring them will expect them to hit the ground running. Law schools that add tools like this to their curriculum will be better positioned to send future-ready graduates out the door. 

Nicole Black is a Rochester, New York attorney, author, journalist, and Principal Legal Insight Strategist at 8am, the team behind MyCase, LawPay, CasePeer, and DocketWise.She is the nationally-recognized author of "Cloud Computing for Lawyers" (2012) and co-authors "Social Media for Lawyers: The Next Frontier" (2010), both published by the American Bar Association. She also co-authors "Criminal Law in New York," a Thomson Reuters treatise. She writes regular columns for Above the Law, ABA Journal, and The Daily Record, has authored hundreds of articles for other publications, and regularly speaks at conferences regarding the intersection of law and emerging technologies. She is an ABA Legal Rebel, and is listed on the Fastcase 50 and ABA LTRC Women in Legal Tech. She can be contacted at niki.black@mycase.com.