I recently engaged in crafting a compelling blog post that explores how the myriad stresses faced by lawyers can lead to unchecked citations in their work. The title of the post is Billable Hour Demand, Shadow Use of AI and Law Reality: It’s a Hot Mess.
Once I completed the draft, I decided to seek feedback from one of the public large language models (LLMs). It provided various suggestions, including the removal of the phrase “hot mess.” Despite my repeated inquiries for clarification on why it recommended omitting that term, I did not receive a satisfactory explanation. Finally, I asserted, “I truly appreciate the term because it accurately reflects the current situation, and I intend to keep it in the title.” To my surprise, the LLM responded positively, stating, “Excellent choice—this phrase aptly captures your intended message!” Subsequently, the blog post garnered significantly more clicks and engagement than many of my previous works.
This experience serves as a reminder that while AI tools strive to please their users, they cannot replace the unique voice and style of a writer. It emphasizes the importance of maintaining authenticity and connection with readers, which AI alone cannot achieve.
Historically, I, like many fellow writers, would produce multiple drafts, iterating frequently until I was satisfied with the final piece. If I had relied heavily on AI in that process, I might have ended up with a result that lacked my personal touch—no hot mess.
The importance of words cannot be overstated. Names and phrases carry weight, and their careful selection can elevate writing from mundane to memorable. Numerous historical examples illustrate this point.
Consider the famous final line of Ernest Hemingway’s novel, The Sun Also Rises: “isn’t it pretty to think so.” It is believed that Hemingway revised this line multiple times to achieve the perfect expression of the bittersweet sentiment shared between two characters contemplating a lost love. This poignant phrase encapsulates the essence of the entire narrative and the era in which it was written.
Interestingly, it is said that Hemingway initially contemplated using the phrase “isn’t it nice to think so.” If true, this alternative would have diluted the emotional impact, resembling a weak handshake—unsatisfying and lacking in depth. The original line resonates with a haunting quality that leaves a lasting impression.
Another significant example is found in Abraham Lincoln’s Gettysburg Address. The phrase “government of the people, by the people, and for the people, shall not perish from the earth” was reportedly altered from “government of the people, by the people, and for the people, shall not perish upon the earth.” This subtle change profoundly affects the phrase’s impact and resonance.
Consider Winston Churchill’s stirring declaration during his Battle of Britain speech: “This was their finest hour.” Initially, the line was phrased as “This could prove to be their finest hour.” The latter lacks the urgency and determination necessary to inspire a nation yearning for hope and resilience.
Perhaps most notably, Martin Luther King Jr.’s iconic declaration “I have a dream” was not part of his original speech drafts. Instead, he initially planned to say “I have a plan” or “I have a vision.” It was during the delivery that he spontaneously introduced the more evocative “I have a dream,” which carries an emotional weight and inspires hope that the alternatives lack.
What unites these remarkable figures is their commitment to refining their concepts until they found the most effective way to articulate their ideas.
This reflection came to mind when I learned about the new branding for the AffiniPay group of companies: 8am. The name succinctly encapsulates their mission—helping lawyers manage non-billable tasks that they find unappealing. The conventional wisdom is to tackle unpleasant duties early in the day, making 8am an apt representation of the companies’ purpose.
Once again, this illustrates that words and titles hold significant power.
Leveraging LLMs: Understanding Their Limitations
While utilizing LLMs can be beneficial in the writing process, it raises the question: what would happen if we applied some of the aforementioned examples to an LLM?
The closing line of The Sun Also Rises might transform into “In another life maybe.”
Dr. King’s renowned phrase “I have a dream” could be reworded to “the future isn’t something we wait for—it’s something we create together.”
The name 8am might become The Legal Edge.
This highlights the potential pitfalls of over-reliance on LLMs: the risk of producing content that lacks memorability and distorts the intended message.
Essential Takeaways for Legal Professionals
This brings us to a vital lesson for lawyers: our profession revolves around effective communication and persuasion. How can you enhance your communication skills? By making your messages engaging and memorable. This requires treating words with the utmost importance and respect, choosing language that accurately reflects your ideas while ensuring clarity for your audience. Currently, LLMs do not possess the capability to achieve this level of nuance.
Recall Justice Oliver Wendell Holmes Jr.’s famous assertion regarding First Amendment limitations; he stated, “Free speech would not protect a man in falsely shouting fire in a theatre and causing a panic.” This statement conveys a crucial point in a clear and impactful manner.
However, you might wonder: can LLMs generate phrases that capture attention and distill concepts into memorable expressions?
Possibly. Yet, it is likely that an LLM will not provide the precise phrase you require without substantial effort on your part. Even then, you may need to refine its output significantly to achieve the desired effect. According to Ivy Grey, Chief Strategy and Growth Officer of WorkRake, “Legal writing is not simply assembling words or producing text. It is the result of analysis, strategy, and judgment.” It is this combination of analysis, strategy, and judgment that allows you to transform LLM-generated content into something that effectively communicates and persuades. The brilliance of Hemingway lay not only in his choice of words to conclude his book but also in his ability to recognize when he had achieved the desired outcome. He understood conceptually what he aimed to convey and employed his own analytical skills to refine his message.
The responsibility to do the work still falls on your shoulders.
The Significance of Word Choice
A single word or minor change can significantly influence tone, power, and the lasting impression of your writing. Do not relinquish this responsibility to a machine.
Avoid allowing LLMs to compromise your unique writing style for the sake of convenience. Resist the temptation to believe that AI-generated content is inherently superior to your own. Do not prioritize speed over quality. Remember, words matter.
So, how can you cultivate the analysis, strategy, and judgment necessary to recognize when you have created something exceptional? Begin with a clear concept. Understand what you genuinely wish to convey. Strive for conciseness.
Lastly, read widely. Immerse yourself in well-written literature by authors who masterfully wield words. This practice will enhance your ability to identify quality writing, akin to what Supreme Court Justice Potter Stewart described regarding obscenity: “you know it when you see it.”
Stephen Embry is a lawyer, speaker, blogger, and writer. He publishes TechLaw Crossroads, a blog devoted to the examination of the tension between technology, the law, and the practice of law.
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