Artificial intelligence, and especially large language models (LLMs), are being marketed as the next big innovation in legal work. From drafting contracts to summarizing case law, the potential is real. But there’s a problem lurking beneath the surface: AI bias in legal work.
If you don’t know how an LLM was programmed, what data it was trained on, or how it processes information, you could be opening the door to serious risks including ethical pitfalls and even legal liability.
Where Does AI Bias Come From?
AI systems learn from data. If that data is incomplete, skewed, or inaccurate, the outputs will reflect those flaws. Examples of AI bias in legal work:
| Bias | Description | Example |
| Algorithmic or model bias | The way the AI is trained or optimized to predict can shape how it interprets legal language. | Heavy reliance on SEC filings and public disclosures to train LLMs could bias outputs toward public company compliance standards, overlooking the standards of private companies. |
| Anchoring bias | Early outputs shape user expectations, even if flawed. | If the model’s first summary is wrong, reviewers may unconsciously look for evidence to support it. |
| Automation bias | Users over-trust AI outputs. | Relying on AI-suggested citations without verification, assuming the system must be correct. |
| Confirmation bias | The tendency of models to reinforce patterns seen in data rather than challenge or nuance them. | An LLM might surface only majority opinions in case law while ignoring dissenting views. |
| Cultural or representation bias | Some groups, topics, or perspectives are underrepresented or overrepresented in the training data. | More case law available from large U.S. courts than from smaller jurisdictions may skew outputs. |
| Framing bias | The way a prompt is worded influences the model’s response. | Asking “Why is this contract unenforceable?” may lead the AI model to assume unenforceability and search only for problems. |
Think of it this way: garbage in, garbage out. If you can’t verify what went in, how can you trust what comes out?
Why AI Bias in Legal Work Matters
Bias isn’t just a technical issue, in law, it can become a compliance and liability problem.
- Client Risk: Imagine relying on AI to summarize employment law and it systematically overlooks protections for certain groups. It’s potentially discriminatory advice.
- Court Risk: Submitting AI-generated briefs without verifying citations (as seen in recent sanctions cases) can erode credibility or even lead to professional discipline.
- Compliance Risk: Regulations like GDPR or EEOC guidelines could be violated if AI introduces biased assumptions into decisions about people or contracts.
For legal teams, bias can translate into lawsuits, reputational damage, or ethical violations.
Questions Legal Professionals Should Ask About LLMs
Before adopting AI tools, here are some key questions:
- What data was the model trained on? Public data, proprietary legal documents, or something else?
- How is bias monitored and mitigated? Does the vendor or internal team test outputs for fairness or accuracy?
- Is there transparency in sources? Can you see where the AI is pulling its information from?
- How often is the model updated? Outdated data can perpetuate old, irrelevant, or incorrect assumptions.
- What’s my role as a human? Am I verifying, editing, and fact-checking AI outputs before use?
The Legal Professional’s Responsibility
Even though AI can pass the bar exam, it’s not a lawyer. You can delegate drafting, summarizing, or analyzing. But at the end of the day, you cannot delegate judgment, ethics, or accountability.
Every legal professional using AI should approach it with caution:
- Treat outputs as first drafts, not final work.
- Trust, but verify sources and check citations.
- Document how AI tools are used in your workflow.
- Stay informed about regulatory guidance around AI use by staying active in the Legal Ops Community.
The Gist of It
AI bias is already shaping outcomes in industries from legal to finance to HR. If you don’t understand the source of your LLM’s data, or if it wasn’t programmed with bias safeguards in mind, you may create risks instead of mitigate them.
The best defense? AI literacy, skepticism, and oversight. AI can make your work faster and more efficient, but only if you keep your professional judgment front and center.





