Renee Henson
Visiting Assistant Professor
University of Missouri School of Law
AI has the potential to revolutionize legal education, particularly in teaching students the practical skills they will need before entering the profession. Emphasis on practical skills has gained significant attention within law schools in recent history. The development of the NextGen Bar Exam is evidence of this increased attention. Negotiation, mediation, and arbitration are now crucial legal education components. Some schools are incorporating alternative dispute resolution skills into first-year courses to ensure students develop hands-on experience early in their legal education.
I teach a course called Lawyering: Problem-Solving and Dispute Resolution, which is designed to equip first-year law students with the essential skills for success in the legal field, including professionalism, communication, and alternative dispute resolution-related skills. Through multiple simulations, students gain firsthand experience in negotiations and mediations. The goal is to provide realistic exposure to the complexities of legal practice, allowing students to navigate real-time scenarios in a controlled environment.
AI offers additional opportunities for experiential learning in legal education. Findings from LSSSE reveal that a majority of students benefit from opportunities for educational and personal growth during law school, including solving complex real-world problems (58%), developing legal research skills (82%), acquiring work-related knowledge (63%), and thinking critically and analytically (88%).
These are fundamental skills for any lawyer, and AI can be used to enhance these abilities through interactive and dynamic simulations. By integrating AI-driven exercises into the classroom, we can create more engaging and immersive learning experiences that better prepare students for real-world legal challenges. Of course, practicing law is a complex balancing act. It may seem overwhelming to simulate the intricacies of legal negotiations using AI, but even small steps can yield significant benefits. That is where Toby, the AI Chatbot I created, comes in.
I built Toby, a customized application powered by OpenAI’s GPT model, to challenge my students to learn how to negotiate extemporaneously against a difficult opposing counsel. Toby is not just a chatbot. Rather, he is a relentless, high-pressure negotiator programmed to be obstinate, rude, and hostile during negotiations. I trained Toby using my own class materials, embedding key negotiation strategies such as identifying opening offers, recognizing bottom lines, and engaging in information bargaining. I also fine-tuned his responses to maintain realism and strategic depth, ensuring he would behave like a human negotiation opponent.
My students had the opportunity to negotiate with Toby to attempt to reach an agreement. Working in groups, they received confidential case information, while Toby was programmed with his own confidential details to ensure an adversarial dynamic. Students presented offers, and Toby responded in real-time, forcing them to think quickly, balance client interests, and navigate complex interactions. After extensive negotiations, the students successfully reached a settlement for their client. Regardless of the outcome, Toby provided representative experience of real-world legal practice.
The feedback from my students was overwhelmingly positive. They appreciated the chance to engage in dynamic, real-time negotiations, an experience that is difficult to replicate outside of real life practice. Toby’s ability to deliver a complex simulation, complete with tactical and emotional aspects, enhanced their understanding of negotiation strategies and the role of AI in legal practice. More importantly, students gained confidence in their ability to handle high-pressure negotiations, a skill that will serve them well in their careers.
While AI is not without its concerns, it is a powerful tool that can enrich legal education and the practice of law. Rather than replacing analytical work, AI should be used to enhance students’ skills and understanding. A well-rounded attorney must not only comprehend AI’s capabilities but also recognize its limitations. As AI continues to evolve, so must our approach to legal education. By integrating AI tools like Toby, we are not just keeping up with technological advancements, we are preparing students to lead the next generation of legal professionals.