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ChatGPT for lawyers: what it can and cannot do in 2026
3 min read · Updated May 2026 · Editorial oversight: Avv. Federico Papa
ChatGPT is the most widely used AI tool in Italian law firms, often operated without an internal usage policy. The question is not whether to use it, but for what purposes: while it performs certain tasks effectively, others expose practitioners to sanctions already imposed by the courts. Here is a task-by-task breakdown.
In brief
ChatGPT assists in drafting non technical communications, simplifying legal opinions, and summarizing files following mandatory anonymization. Legal research and Case Law citations are restricted due to fabrication risks identified by Trib. Florence (2025) and Trib. Syracuse (2026). Drafting court pleadings triggers sanctions under Art. 96 of the Italian Code of Civil Procedure (Trib. Turin). Firms should adopt business plans for data security and software with verified sources. Internal policies must enforce anonymization and human verification of all citations and documents prior to filing.
- 1.
Yes: initial drafts of non-technical texts
Client emails, courtesy letters, and organisational communications: ChatGPT produces well-structured drafts in seconds, which must be reviewed for appropriate tone and confidentiality. This represents the lowest-risk application, offering immediate time savings.
- 2.
Yes: rephrasing and simplifying provided texts
Translating a legal opinion into client-friendly language, streamlining convoluted sentences, and harmonising style: when working on text provided directly by the user, the risk of hallucination or fabrication is minimal.
- 3.
Yes: preliminary document summarisation
Provides an initial overview of a contract or case file to facilitate orientation prior to a full review. Strict attention must be paid to confidential data: documents must be anonymised before uploading, bearing in mind that a summary never replaces the thorough reading of the original text.
- 4.
Yes: brainstorming arguments and counterarguments
Requesting arguments for and against a position helps uncover unconsidered perspectives. However, any generated ideas must subsequently be grounded in actual legislation and case law: brainstorming is merely the initial phase of legal work, not its completion.
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5.No: legal research and case law citations
This is the primary area leading to judicial sanctions, where completely fabricated Supreme Court (Cassazione) citations were confidently confirmed by the AI (Trib. Florence 2025, Trib. Syracuse 2026). ChatGPT lacks verified access to official Italian legal databases: every reference produced must be treated as unverified by definition.
- 6.
No: drafting court pleadings for filing
Related practical guide: How to draft a writ of summons with AIDrafting a court pleading requires procedural structure, verified sources, and strategic analysis: the sanction imposed under Art. 96 of the Italian Code of Civil Procedure by the Court of Turin for a fully AI-generated petition serves as a key precedent. Assisted drafting requires dedicated software integrated with verified Italian sources and cross-checked citations.
- 7.
No: confidential data without adequate safeguards
Names of parties, facts of the case, and documents covered by professional secrecy must never be uploaded into consumer-grade chat interfaces: data retention and potential reuse depend strictly on subscription plans and configuration. Prior anonymisation is mandatory, unless using professional software offering contractual data protection guarantees and EU data residency.
- 8.
The professional alternative
For legal research, citation checking, and document drafting, software specifically engineered for Italian law is available. These tools rely on verified primary sources (current legislation, Supreme Court rulings, Official Gazette), offer checked citations, and store data on European infrastructure: edit.legal is designed specifically for these requirements, offering a free trial with no credit card required.
References: Trib. Firenze, marzo 2025Trib. Torino, settembre 2025Trib. Siracusa, febbraio 2026
Frequently asked questions
Will ChatGPT replace lawyers?
No: while it automates administrative drafting and summarisation tasks, it cannot replicate legal qualification, strategic decision-making, or professional liability. It transforms working methods, much like online legal databases did, without replacing the practitioner who signs the pleading.
Which ChatGPT plan suits a law firm?
Should a law firm decide to adopt ChatGPT, a business plan (Team or Enterprise) that allows opt-out from model training should be chosen, accompanied by a clear internal policy. For substantive legal tasks, however, the proper solution is not an upgraded tier of a generalist model, but a dedicated professional tool.
How do I draft an AI policy for my law firm?
The document should rest on three core pillars: explicit indication of authorised tools and permitted use cases; absolute prohibition against uploading identifying data without prior anonymisation; mandatory human verification of all citations and pleadings prior to filing. A few clear rules are far more effective than an unwieldy manual.
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