4
min read

Legal AI Billing: How It's Changing Client Expectations and What That Means for Your Fees

First Drafts Team
Our In-House Panel of Lawyers, Engineers, and Other Experts

If you’ve attended a CLE, opened any legal publication, or talked to your clients recently, you’ve heard the same message: “AI is coming for the legal industry.” But behind every buzzy headline, there’s a quieter—and maybe more urgent—story playing out in courtrooms, law offices, and client boardrooms across the country:

Clients are becoming AI-aware. They’re hearing about million-dollar investments in legal AI and firms that draft documents in a fraction of the time. They’re reading about legal innovation in the business news. And they have a basic, reasonable question:

Why should I pay for 20 hours of attorney time when your competitors are using AI to do it in 2?

The billable hour, once the gold standard for measuring a lawyer’s value, is now under scrutiny as AI makes it possible to accomplish in minutes what used to take hours. The billable hour's reign is being challenged as AI-driven efficiency threatens to upend traditional time-based billing models. In fact, AI represents the most significant threat to the established billable hour model, posing an existential challenge to long-standing legal billing practices.

Introduction: The Rise of AI in Law

Artificial intelligence is no longer a distant concept for the legal profession—it’s a present reality that’s reshaping how law firms operate. From streamlining legal research to automating routine legal tasks, AI tools are driving a wave of innovation across the industry. Law firms are leveraging artificial intelligence to increase efficiency, reduce costs, and deliver faster results for clients. But as these technologies become more integrated into daily practice, they’re also challenging the traditional time-based billing model that has long dominated legal billing practices. The billable hour, once the gold standard for measuring a lawyer’s value, is now under scrutiny as AI makes it possible to accomplish in minutes what used to take hours. As artificial intelligence continues to evolve, law firms must rethink how they price their services and demonstrate value in a rapidly changing landscape.

The AI-Informed Client: Shifting the Power Dynamic

Today’s clients are savvier than ever. They compare pricing. They interview multiple firms. Increasingly, they ask directly about a firm’s use of technology—including legal AI. Clients are increasingly aware of AI's capabilities and implications for legal services. The message is clear: “I want expertise, but I don’t want to pay for inefficiency.”

This isn’t science fiction—it’s happening now, especially among sophisticated commercial clients, particularly sophisticated corporate clients, in-house counsel, and even regular individuals who read the legal news. These clients are aware of AI's potential to transform legal services and billing. Somewhere, someone else is telling your potential client they can deliver results faster and for less with AI. How will you answer?

Generative AI and the New Legal Frontier

Generative AI is ushering in a new era for the legal industry, empowering law firms to automate everything from contract drafting to complex legal research. With advanced AI tools, tasks that once required hours of meticulous work can now be completed in a fraction of the time, allowing lawyers to focus on higher-level analysis and client strategy. This leap in efficiency is transforming the way legal professionals approach their work, but it also raises important questions about billing practices. As generative AI reduces the time spent on routine legal tasks, law firms must reconsider how they charge for their services. The traditional model of billing by the hour becomes less relevant when AI assistance accelerates the process, prompting firms to explore new ways to capture the true value they provide to clients.

Billing Practices and Fee Pressure in the AI Era

There’s a growing disconnect between traditional hourly billing and the realities of AI-assisted practice:

  • Repetitive document drafting (complaints, motions, discovery, etc.) that once took hours now takes minutes with the right tech, which can potentially impact billable hours by reducing the time required for these tasks.
  • Clients know it. They’re reading about it everywhere — hell, sometimes they’re even using it before you do — and hearing from competing attorneys who are happy to see law firms pass AI-driven efficiencies transparently to clients through reduced fees or new billing models.
  • Hourly billing is under scrutiny. Across the industry, some have shifted toward alternative fee arrangements (AFAs), flat or contingent fee structures, and “value-based billing” when being empowered by AI. Law firms are also recognizing that only a fraction of the traditional time or cost should be billed to clients when AI is used, ensuring fee reasonableness and transparency.

Ethics rules haven’t changed, but client perception has.

The AI Efficiency Paradox

The adoption of AI tools in law firms has created what many are calling the “AI efficiency paradox.” On one hand, automating legal tasks with AI dramatically increases efficiency and reduces the time lawyers spend on routine work. On the other hand, this very efficiency undermines the traditional time-based billing model, making it harder to justify charging clients based on hours worked. As a result, law firms are facing pressure to rethink their billing practices and find new ways to bill clients based on the value delivered, rather than the time spent. Forward-thinking law firms are already experimenting with alternative arrangements, such as flat fees or contingent fee arrangements, to better align their pricing with the benefits of AI. Navigating this paradox is essential for any law firm looking to stay competitive in an era where clients expect both speed and transparency.

How This Impacts Your Ethical Obligations

ABA Model Rule 1.5 (Fees) requires attorneys to charge only “reasonable” fees. Reasonableness isn’t set in stone; it’s defined by what’s usual in the profession, what efficiencies are possible, and what’s fair to the client.

A lawyer's intent and a lawyer's billing arrangement must align with ethical standards, especially when using AI machine-generated content. The lawyer's fee agreement should clearly address the use of AI and any related costs, ensuring clients understand how fees are determined. When billing for AI-assisted work, factors that lawyers and specifically the eight factors lawyers should consider under IRPC 1.5(a) must be applied to determine the reasonableness of fees, including the nature of the work, legal expertise required, and actual costs incurred. Professional conduct demands that lawyers avoid falsely inflated claims and ensure billing practices are transparent and fair for clients alike. Fees billed to the client must reflect actual costs incurred and only for work performed on the individual client's behalf. There are a few ethical opinions addressing billing for AI and reused work product, emphasizing the need for transparency and fairness.

Firms must also consider whether they can justify billing dozens of associate hours for tasks that AI now performs quickly, and apply associate-level work reasonable standards to such situations. Charges should be fairly allocated between human time spent and AI-assisted work. For example, if a detailed legal research memo or such a valuable piece of work is reused or adapted for another client, billing should reflect the actual effort and cost, not just the initial value. Balancing client expectations and fairly compensating attorneys for their legal expertise is essential, even as AI reduces manual work. Adopting contingent fee arrangements may be appropriate, but the matter lies in aligning all billing practices with ethical standards. When there is a considerable expense based on adapting work for multiple clients, transparency is critical. Legal expertise clients expect should be communicated clearly, highlighting the value of both human and AI contributions.

Challenges and Opportunities in the AI-Driven Practice

Integrating AI into legal practice brings both significant opportunities and new challenges for law firms. On the opportunity side, AI tools can streamline legal work, reduce client costs, and help law firms deliver results more efficiently than ever before. This is especially appealing to sophisticated corporate clients, who are increasingly aware of AI’s potential to transform legal services. However, these advancements also create challenges around billing practices and managing client expectations. As AI reduces the need for billable hours on certain tasks, law firms must develop transparent billing practices that clearly communicate the value of AI assistance. Open conversations about how AI is used—and how it benefits the client—are essential for building trust and maintaining strong client relationships. By proactively addressing these issues, law firms can position themselves as leaders in the evolving legal landscape.

Practical Steps for Meeting Modern Client Expectations

  1. Be upfront about your technology use. Let clients know that you employ secure, attorney-focused AI platforms like First Drafts to produce work efficiently. Provide AI guidance by clearly explaining how generative AI tools and other AI tools are integrated into your workflow, and how this impacts billing and transparency. This reassures them you’re not billing them for manual, repetitive tasks.
  2. Review your fee schedules. Consider moving repetitive, commoditized work to flat-fee or AFA structures, especially when it’s AI-assisted. When evaluating your technology stack, include generative AI programs to ensure your fee schedules reflect the efficiencies and costs associated with these tools.
  3. Focus on value, not just hours. AI systems like First Drafts help you deliver quality drafts quickly, so your true value is in strategy, negotiation, and judgment—things no platform can replace. As AI increases efficiency, consider how the lawyer's hourly rate may need to be adjusted or reconsidered to reflect the reduced time spent on certain tasks.
  4. Stay current with legal tech trends. Clients are—shouldn’t you be?

Future-Proofing Your Practice: Get Ahead or Risk Falling Behind

Legal tech and AI are no longer an “if”—they’re a “when.” The lawyers who thrive will be those who:

  • Embrace AI for what it is: a tool to do more, better, faster, and recognize AI's potential to transform legal practice.
  • Align billing models and client communication with this new reality.
  • Deliver strategic value rather than rote, manual labor.

Recognizing both human and machine contributions is essential in delivering legal services and setting fees. While AI can enhance efficiency, human judgment and expertise remain critical and must be fairly valued in the legal process.

Clients are already asking. Will you be ready with the right answer?

Thriving in the Age of AI-Augmented Lawyering

The best lawyers of the next decade won’t be those who can type fastest or bill the most, but those who use every available tool—including AI—to deliver truly excellent, efficient, and ethical results. Even as AI transforms legal services, the ongoing importance of the human lawyer in delivering value remains clear. There are aspects of legal work—such as ethical considerations, accountability, and personalized expertise—that require irreplaceable human judgment, which technology cannot replicate.

At First Drafts, we help law firms empower their lawyers, impress their clients, and answer the AI question with confidence: “Yes—we use the most cutting-edge AI technology. And yes—we pass those savings along to you.”

Ready to equip your practice for the AI-savvy client? Request a demo today and see how easy, ethical, and efficient legal drafting can be.

Embracing Change for a Sustainable Future

The rapid rise of AI in the legal profession is a call to action for law firms everywhere. Embracing AI tools and updating billing practices isn’t just about keeping up with technology—it’s about ensuring long-term sustainability and delivering better value to clients. By investing in AI tools, ongoing training, and a culture that values both human expertise and machine contributions, law firms can stay ahead of the curve. The future of legal practice will be defined by those who can balance the irreplaceable judgment and insight of experienced lawyers with the efficiency and power of artificial intelligence. Developing billing models that reflect this new reality will be key to maintaining a competitive edge and building lasting client trust in a rapidly changing legal industry.

First Drafts is here to help attorneys not only keep pace, but set the new ethical and professional standard for our time by bringing the most cutting-edge technology to your hands, today. Start your 7-day free trial today!

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