Haven’t you heard? Everyone is using AI. All the time. Depending on which survey you read, somewhere between half and nearly 70% of lawyers and legal professionals are using AI.
But I sometimes wonder about those surveys. Many are commissioned by vendors selling Gen AI and AI products. So, it’s in their interest that the numbers appear high. That’s not to say that they are being purposely misleading, but we all know the way you ask the survey question can influence the answer. And it’s hard to know what is really going on in offices behind closed doors versus what people say is going on. So a little skepticism is in order.
And there’s another thing. When I go to speak at or attend conferences, I typically engage the room about AI use. And the number of hands raised by those admitting use always seems to be substantially less than what the surveys suggest. It’s anecdotal, but I attend enough conferences and speak at enough conferences that it’s noticeable.
Introducing Performative AI
Perhaps another factor is at play. It’s the notion of performative AI. The practice of exaggerating AI use and expertise to satisfy either employers or clients. Lawyers becoming experts at looking like AI experts. I hadn’t thought of this until a recent report from an outfit called Visier came out.
Visier is a Canadian company that specializes in people analytics, workforce intelligence, and AI-powered human resources management. It is also known for publishing research about workforce trends, employee behavior, including the gap between what employees say they are doing and what they actually are. So, if anyone has an idea of what’s really going on in the hallowed halls, it’s these guys.
The report and survey do not claim to have been directed at legal. But it’s an understatement to say that law firms could certainly use some help in areas which Visier covers. Most firms don’t even understand project management or workflows. Much less how their people are reacting to management-imposed changes.
The Report And Headline
Visier’s report of its survey was interesting. It surveyed some 1,000 full-time U.S. employees and asked them how they used AI in their day-to-day work. And what they thought about their organization’s AI strategy. It then interviewed a number of employees who work in various fields like healthcare, finance, HR, software, and others. The Visier summary of the research is entitled “AI in the Workplace: New Research on Performative AI.”
And here’s the key headline: 48% of employees say they have exaggerated AI usage or expertise to either colleagues or leadership. Forty-eight percent! That’s a lot. Visier puts it this way: “For these employees, performative AI feels safer than admitting they’re still learning.”
But Law Firms Are Special Snowflakes, Right?
I can just hear law firm management. We are different. We know what our people are up to. But Visier’s survey and interviews spanned enough industries that could each claim they, too, were different from one another. Indeed, the pressures Visier found weren’t confined to one industry. Visier does note that how AI plays out varies by role and function, but the core dynamic of the pressure to perform and leaders who don’t see it showed up across the board.
And as far as law firms being different, I don’t buy it. Lawyers have an innate independent streak. They find a way to do or not do something, and they adopt it. Damn the torpedoes. I’ve seen it over and over. And when a new piece of tech comes in and lawyers are supposed to use it, many just don’t. And management often doesn’t take the time to investigate. How long did it take most firms to get all the lawyers to migrate their files to the cloud as opposed to their individual on-prem folders? (I daresay some of them probably still have on-prem files at home.)
So when surveys are taken of law firm leaders about AI use of those in the firm, there’s every reason to think that a similar percentage are exaggerating use in their law firms as well. The same pressures apply.
The leaders answering the survey may simply not know it. They want to believe that their lawyers are using the newfangled AI toys management bought. Which means the survey statistics about lawyer and legal professional AI use that we are seeing may be inflated as well.
But There’s More. A Lot More
The report also reveals a whole lot more that could be informative to law firms. Visier puts it this way: “Performative AI has become a coping mechanism for a workforce that has been handed a mandate without a map.” Sounds like a lot of law firms.
And it’s supported by Visier’s statistics. 45% of employees feel pressure to use AI at work, even though they are not confident they know how to use it effectively. Also sounds familiar.
Visier sees a pattern of visible compliance over real AI adoption and integration. “Employees also rate leadership understanding of AI at work low across the board.” Only 33% believe leaders understand how much training and support are needed. Only 29% believe leaders recognize employee concerns about AI. A scant 28% believe that their leaders fully understand how employees use AI today.
It gets even more depressing. In previous research, Visier found that 56% called AI skill alignment critical, but just 15% said their workplace planning is keeping up. And in the current survey, employees said they want more AI training and upskilling, and more transparency from leadership. But they aren’t getting it.
That clearly reflects a mismatch between what employees are doing and what leadership thinks. Which no doubt contributes to the performative AI phenomenon.
Are we creating an environment where people can’t admit they don’t know how to use AI for fear that they’ll look incompetent?
Then There Is Law Firm Management
Lest we think that the situation is different for law firms, we only have to look at recent research from Harbor Global to see a similar scenario. Law firms investing in AI without coming up with ways to measure an impact. Which suggests a similar phenomenon to that found by Visier is in fact occurring in law firms.
The pressures are the same for law firm management as in other businesses. Law firms are notorious for buying software, announcing strategies, and congratulating themselves on their progress. Management so wants to believe (and have the rest of the partners believe) the AI investments are paying off. And let’s face it, transparency is not a strong suit of most law firms.
Given all this, law firm management would be wise to study the Visier findings. There could very well be the same performative AI going on in law firms, just as in most other businesses. Somewhere down the hall, there’s a lawyer (or two, or three) quietly doing things exactly the way they did them five years ago. Except now they tell management and maybe even their clients they’re using AI.
That does not lead to a happy ending. Sooner or later, clients are going to figure it out. Sooner or later, they will want more than a PowerPoint about their firm’s transition. They’re going to want results. Efficiencies.
There’s an internal cost too. The gap between what employees need and want and what leadership knows and plans for does not bode well for employee retention. Especially at a time when so many law firms are trying to attract and retain talent.
The Reality Gap
I can’t help but think there is a critical mismatch between what vendors want to believe is going on, what law firm leaders think is going on, and what is actually going on. This could explain many of the blank looks in the room when vendors or consultants talk about things like AI skills or agentic AI.
It’s always helpful when law firm leadership gets outside its own box. When it reviews information available from other domains and sources. Alas, that rarely happens.
So before firms go all in on AI, maybe they should pause and reflect on what the Visier report is saying about what is really going on. About reality, not what management thinks or wants it to be.
Otherwise, all those new AI toys will stay shiny. Because nobody has a clue how to use them. They just say they do.
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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