As discussed in PART 1 of this Article, document generation represents a prime area for you to apply AI technology in your law practice. For purposes of this article, I’ve used ChatGPT 4 as my GenAI platform or tool. The same approach will work with other platforms such as Claude, or whatever you feel most comfortable using. Just be certain that you have an understanding of the AI tool you are using, and an idea of its capabilities, limitations, and whether your input will be used to train the model, among other considerations. 

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In this 3-Part Article we’ll go through how to use three different methods to produce a residential lease agreement using AI:

Part 1.         Direct Drafting the Lease Agreement in ChatGPT

Part 2.         Iterative Collaboration

Part 3.         Mirroring an Existing Lease Agreement.

METHOD 2 -- ITERATIVE COLLABORATION

The second method to consider using is Iterative Collaboration.  This is exactly what it sounds like – you and the AI platform engaging in an interactive written “conversation” through a number of different iterations.  The benefit of this method is that your AI platform will learn more about your particular drafting and editing style.  The more you engage with your AI tool, the more it will reflect your “voice,” writing style, syntax, and even punctuation, for that conversation. 

You can use this format of drafting with any type of document that you need. For our purposes today we’re preparing a lease. Both the beauty and the agony of this process is the iterations you will need to go through, but if done correctly this process will get you to a fairly good document, even if you have not drafted one before. Engaging with your AI platform through an iterative process offers a more detailed and tailored drafting experience. You might find additional clauses that you hadn’t considered, as I did in going through the process of drafting this lease.  And at the end you will have a document that you are familiar with because you and the AI platform will draft it together, piece by piece.

As you go through this process, sometimes you will be teaching the AI platform—through the Socratic method, of course—and sometimes it might be teaching you. Again, think of this approach as more of a conversation.  This method works best if you ask as many questions of your AI tool as possible.

To draft your lease, start by asking the AI tool for the essential elements of a high-quality [fill in the type of document you are writing]. Then go through each of these elements and flesh them out. Ask for explanations — Why include a section on health and safety? What is the highest security deposit you can require in your state? Can you require more rent or a cleaning fee if the tenant brings a pet? Ask as many questions as seems reasonable, and then ask a couple more. If you are considering a certain clause, ask it for the pro’s and con’s of including the clause. And ask it to fill in citations to the law. I love this part, because it seems like a nice shortcut. You can tell it what format you want the citations to be in, or just trust its format. Be sure to verify that these citations are correct. I cannot stress that enough. Unless you are so familiar with the relevant law that you know the citations by memory, go verify the citations. In my experience, citations to law provided by AI tools have been correct. But just like printed legal books need to be updated with paper supplements as laws change, AI models trained on data before a law is passed will also likely be out of date. As we have seen recently, failing to check caselaw citations provided by AI models has resulted in a failure to spot hallucinations, and sometimes even sanctions.

Advantages:

·      Depth: Enables a more thorough understanding and incorporation of legal nuances.

·      Flexibility: Adapts the drafting process to your pace and specific needs, allowing for deep dives into complex areas.

·      Future Time Savings: This method is essentially training your AI tool with what you expect for legal documents. Although we used a residential property lease as an example, it will work for other documents as well. Remember, the training you provide is limited to that specific chat.

Disadvantages: 

This requires a more significant investment of time in the beginning of the process. It will likely save you time in the long run, however, because it might be more comprehensive. And as you continue to engage with your AI tool it will mimic your style more closely and will continue to add clauses or phrases that you have requested, for that chat.1

Best For: 

This method works well for legal professionals who have little to no experience drafting the type of legal document they would like to draft. It also appeals to legal professionals seeking a deep, hands-on approach to document drafting, ensuring every detail is meticulously addressed.

As you will see from the example, you can ask what provisions or elements your AI tool suggests, and add some suggestions. Remember to ask it about why it included a certain element, and even have it add in the relevant citations (which you then must check). You can also have your AI tool change the tone of the document; simply ask for a more formal document, or a more conversational document. And if you always include certain clauses, tell your AI tool that each legal document should have that clause. For example, I told ChatGPT to always include an integration clause for every contract I draft.

HERE’S WHAT THE PROCESS MIGHT LOOK LIKE:

Note: My example of the Iterative Collaboration method was so long that it exceeded the limit for a Substack article. I’ve included a small part of it below, but check out the entire conversation here: METHOD 2 EXAMPLE.

ME: What are the most important elements of a high-quality lease for a residential property?

ME: What are additional issues for the lease if its being entered into in Iowa?

ME: Regarding the elements of the high-quality lease for a residential property in Iowa, would you please draft a section of the lease for parties to the agreement, making sure to include any elements of a lease specific to Iowa.

ChatGPT

This Lease Agreement ("Agreement") is entered into by and between XYZ Properties LLC, a limited liability company organized and existing under the laws of the State of Iowa, with its principal office located at [Landlord's Address]

Name: [Tenant's Full Name] Date of Birth: [DOB] Phone Number: [Phone Number] Email Address: [Email Address] Driver's License/State ID Number: [ID Number]

NOTICE INFORMATION: All notices to parties under this Agreement shall be sent to the addresses listed in this section. The Tenant agrees to inform the Landlord of any changes in their contact information within [X]

This was just the beginning of the iterative process between ChatGPT 4 and me. Depending on what tool you use, and various other factors, your process will almost certainly look different. The important thing is that at the end, you will have a useable legal document if you’ve gone through sufficient iterations, and verified every legal citation. You can then use that document in subsequent transactions, letting your AI tools customize it for you.

Check back for Part 3 of this Article.

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As always, nothing in this Article is or should be considered as legal advice. Before using any AI in your legal practice be sure you understand and are familiar with it. If you have a legal question or legal issue, talk to a legal professional.

1I am using “training” lightly. You aren’t technically training an AI model. According to a knowledgeable forum, your input is not being maintained or used to train their ChatGPT model. In other words, when you ask your AI tool to do something like always include an integration clause in your contracts, it will only keep that instruction in that chat or conversation. Anecdotally, however, changes I make in one chat, such as asking for an integration clause in all my contracts, has seemed to carry over from one conversation to another. But an AI model can even “forget” instructions given at the beginning of a very lengthy chat, so do not depend on this.