Impact of AI on critical thinking: Challenges and opportunities for lawyers

2025-12-29 · Source: Thomson Reuters Institute · Field: Legal & Regulatory — Legal Technology (LegalTech), Compliance & Risk Management · Depth: Intermediate, short

Summary

The increasing sophistication of AI, particularly "agentic AI," presents both a risk of diminished critical thinking due to cognitive offloading and an opportunity to enhance critical thinking in the legal profession. Research by Michael Gerlich at SBS Swiss Business School indicates a correlation between increased AI usage and decreased critical thinking performance. Agentic AI, which operates as autonomous agents, intensifies these risks through workflow automation beyond human oversight and the "black box" problem. However, when designed "by lawyers, for lawyers," agentic AI can augment human judgment in tasks like discovery, contract analysis, and drafting. This approach improves efficiency, deepens analysis, and allows legal professionals to focus on higher-value critical thinking tasks, ultimately enhancing analytical rigor and human insight.

Key takeaway

For legal professionals integrating AI, prioritize systems designed "by lawyers, for lawyers" to augment, not replace, critical thinking. Implement human checkpoints and transparent evidence trails in AI-driven workflows to mitigate cognitive offloading risks. Your firm should track outcomes and ensure junior lawyers maintain foundational analytical skill development before extensive AI consultation, preserving professional judgment while harnessing AI's efficiency.

Key insights

Agentic AI poses cognitive offloading risks but can enhance legal critical thinking when designed to augment human judgment.

Principles

• Cognitive offloading correlates with diminished critical thinking.
• Agentic AI can enhance critical thinking when properly leveraged.
• Human checkpoints are essential in AI-integrated legal workflows.

Method

Design AI workflows with human checkpoints, transparent evidence trails, and preserve "desirable difficulty reps" for junior lawyers to mitigate cognitive offloading risks.

In practice

• Use AI for discovery to uncover patterns missed by keyword searches.
• Apply agentic AI for contract analysis to flag exposure issues.
• Implement AI in drafting workflows to reduce review time by 63%.

Topics

• Agentic AI
• Critical Thinking
• Legal Technology
• Cognitive Offloading
• Legal Workflows

Best for: Executive, Legal Professional, AI Ethicist, AI Product Manager

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Editorial summary, takeaway, and curation by AIssential. Original article published by Thomson Reuters Institute.