To New Law Grads: Some Practices that are "AI Resistant"

As a legal recruiter, I want to see all attorneys succeed. And with newly minted lawyers, picking the right practice path where you “AI-proof” yourself as much as possible, is important. You’ve spent 3 years of your life in law school, so you want to add as much value to the market as you can, from the starting blocks. I generally think that construction law, corporate law, mergers and acquisitions (M&A), real estate law, policyholder representation, and personal injury plaintiff work are relatively resilient to full AI automation. Below, is some food for thought about these practice recommendations as you begin or are weighing different options. The list below is not exhaustive but is a reasonable representation.

Validation of Suggested Practice Areas

1. Construction Law

   • Why AI-Resistant? Construction law involves nuanced contract interpretation, dispute resolution over site-specific issues (e.g., delays, defects), and navigating multi-jurisdictional regulations. These require human skills like negotiation, stakeholder management, and courtroom advocacy. While AI tools (e.g., contract analytics platforms like Kira or DocuSign Insight) streamline document review and risk assessment, the strategic and interpersonal elements—such as mediating between contractors, owners, and subcontractors—remain human-driven.

   • AI Impact: AI is used for predictive analytics in project management (e.g., forecasting delays), which can inform legal strategies, but litigation and arbitration rely on persuasive storytelling and subjective judgment, areas where AI lags.

   • Outlook: Resilient due to the physical, contextual, and relational complexity of construction disputes.

2. Corporate Law

   • Why AI-Resistant? Corporate law encompasses governance, compliance, and strategic advising, often requiring high-level decision-making and client relationships. Advising boards, structuring complex deals, and navigating regulatory nuances (e.g., SEC filings, ESG compliance) demand human insight into business strategy and ethics.

   • AI Impact: AI automates due diligence, contract drafting, and compliance monitoring (e.g., tools like Diligen or LegalSifter). However, high-stakes advisory roles, such as counseling on corporate governance or managing shareholder disputes, rely on trust and strategic thinking, which AI cannot replicate.

   • Outlook: Viable, especially for roles involving client-facing strategy and complex negotiations.

3. Mergers and Acquisitions (M&A)

   • Why AI-Resistant? M&A involves intricate deal structuring, due diligence, and negotiation across parties with competing interests. Human judgment is critical in assessing intangible factors like cultural fit, risk appetite, or market dynamics. Courtroom or arbitration work in M&A disputes further leans on persuasive advocacy.

   • AI Impact: AI accelerates due diligence by analyzing contracts and financials (e.g., Luminance, eBrevia), but deal-making requires emotional intelligence, relationship-building, and real-time adaptability—human strengths.

   • Outlook: Highly resilient for senior roles; junior tasks like document review face some automation risk.

4. Real Estate Law

   • Why AI-Resistant? Real estate law involves localized knowledge (e.g., zoning laws, property disputes), client relationships, and negotiations over unique assets. Disputes often hinge on subjective factors like property condition or intent, requiring human analysis and advocacy.

   • AI Impact: AI tools assist with title searches, lease analysis, and market trend predictions (e.g., Reonomy, Proptech platforms). However, deal negotiations, client counseling, and litigation remain human-centric due to their contextual and persuasive nature.

   • Outlook: Strong, particularly for transactional and dispute resolution roles tied to specific properties.

5. Policyholder Representation

   • Why AI-Resistant? Representing policyholders in insurance disputes involves interpreting ambiguous policy language, negotiating with insurers, and litigating coverage disputes. These tasks require human skills in storytelling, client empathy, and strategic litigation, especially in high-stakes cases like bad faith claims.

   • AI Impact: AI can analyze policy documents and flag coverage issues, but the adversarial nature of insurance litigation and the need for client trust keep human lawyers central.

   • Outlook: Resilient, as disputes often involve subjective interpretations and courtroom persuasion.

6. Personal Injury Plaintiff

   • Why AI-Resistant? Plaintiff-side personal injury work thrives on human elements: client empathy, jury persuasion, and case valuation based on subjective factors like pain and suffering. Building trust with clients and crafting compelling narratives for settlements or trials are inherently human tasks.

   • AI Impact: AI tools predict case outcomes or optimize settlement calculations (e.g., Blue J Legal), but they can’t replicate the emotional connection needed to represent injured clients or sway juries.

   • Outlook: Very resilient due to the human-centric nature of advocacy and client relationships.

Additional AI-Resistant Practice Areas

Beyond my list, here are other practice areas likely to remain AI-resistant due to their reliance on human judgment, interpersonal skills, or unpredictable contexts:

1. Criminal Defense

   • Why AI-Resistant? Criminal defense requires navigating high-stakes human dynamics—client trust, plea negotiations, and courtroom advocacy. Judges and juries respond to persuasive storytelling and ethical arguments, which AI cannot replicate. The variability of cases and need for real-time adaptability further insulate this field.

   • AI Impact: AI assists with legal research (e.g., ROSS Intelligence) and evidence analysis, but the core work of defending clients in court remains human-driven.

   • Outlook: Highly resilient, especially for trial work and client-facing roles.

2. Family Law

   • Why AI-Resistant? Family law (e.g., divorce, custody disputes) is deeply personal, requiring empathy, negotiation, and tailored solutions. Mediating emotional disputes and representing clients in court rely on human connection and nuanced judgment.

   • AI Impact: AI can streamline document preparation or financial analysis (e.g., for alimony calculations), but emotional intelligence and courtroom advocacy remain human domains.

   • Outlook: Strong, as clients prioritize trust and personalized representation.

3. Intellectual Property (IP) Litigation

   • Why AI-Resistant? IP litigation, particularly in patents or trademarks, involves complex technical arguments and persuasive advocacy before judges or juries. Crafting novel legal arguments for emerging technologies (e.g., AI or biotech patents) requires creativity and strategic thinking.

   • AI Impact: AI aids in prior art searches or trademark monitoring, but litigation strategy and courtroom performance are human-driven.

   • Outlook: Resilient for litigators; transactional IP work (e.g., patent drafting) faces more automation risk.

4. Labor and Employment Law

   • Why AI-Resistant? This field involves workplace disputes, union negotiations, and compliance with evolving regulations. Representing employees or employers in disputes (e.g., wrongful termination, discrimination) requires empathy, cultural understanding, and persuasive advocacy.

   • AI Impact: AI can analyze HR policies or predict litigation outcomes, but negotiations and courtroom work rely on human skills.

   • Outlook: Viable, particularly for dispute resolution and client counseling.

5. Environmental Law

   • Why AI-Resistant? Environmental law involves complex regulatory frameworks, public policy advocacy, and litigation over issues like pollution or land use. It requires stakeholder engagement, ethical considerations, and navigating political dynamics—areas where humans excel.

   • AI Impact: AI supports data analysis (e.g., environmental impact assessments), but advocacy and regulatory negotiations remain human-centric.

   • Outlook: Strong, especially for roles involving litigation or policy work.

Broader Considerations

• AI’s Current Role in Legal Tech: AI is transforming routine legal tasks across all practice areas. Tools like LexisNexis, Westlaw Edge, and contract analytics platforms automate research, document review, and compliance checks. A 2024 report from the American Bar Association noted that 35% of law firms now use AI for document management, and adoption is growing. However, tasks requiring creativity, persuasion, or client relationships remain insulated.

• Skills to Emphasize: For recent law graduates, I recommend focusing on skills AI can’t replicate:

  • Negotiation and Mediation: Critical in construction, corporate, M&A, and family law.

  • Litigation and Advocacy: Key in criminal defense, personal injury, and IP litigation.

  • Client Relationship Management: Essential in plaintiff-side work and real estate.

  • Strategic Thinking: Vital for M&A, corporate, and environmental law.

• Vulnerabilities: Practice areas heavy on routine tasks—like basic contract drafting, legal research, or compliance auditing—are more susceptible to automation. Graduates should avoid over-specializing in these unless paired with higher-value skills.

Recommendations for Graduates

• Construction Law: Ideal for those interested in disputes and technical projects. Seek firms with strong litigation or arbitration practices.

• Corporate/M&A: Suited for strategic thinkers who enjoy deal-making. Focus on firms with complex transactional practices.

• Real Estate: Great for those who like localized, client-facing work. Specialize in markets with high regulatory complexity.

• Policyholder Representation/Personal Injury: Perfect for empathetic advocates. Join plaintiff-side firms to hone trial skills.

• Criminal Defense/Family Law: Excellent for those who thrive in high-stakes, human-centric work. Seek mentorship in trial advocacy.

• IP Litigation/Environmental Law: Good for technically minded or policy-driven lawyers. Pursue firms with niche expertise.

I hope this was insightful and helpful.

Joshua Hill