Leveraging AI-Assisted Contract Drafting for Social Good

This article focuses on how contract drafters can-and should-use AI tools to assist them in drafting contracts that not only achieve the parties' goals but can also be used for social good. While contracts are generally entered into by two discrete parties and private law has not traditionally been viewed as a means of advocating for social good, the contract drafters of today (and tomorrow) need to understand the potential for contract language to drive social change. Companies are increasingly becoming embroiled in the culture wars that plague our country, and a variety of stakeholders now make decisions about which companies they want to invest in, buy from, and work for based on the company's perceived commitment to social values such as sustainability, diversity and inclusion, climate change, and access to health care. Whether fueled by a company's altruistic desire to become a platform for social change or in response to their stakeholders' demands to put into action their stated beliefs, companies often struggle with how to implement and prove their commitment to social values.<br><br> One often ignored means available to companies to further their commitment to social values is through their contracts, whether supply agreement, employment agreement, or operating agreement. Companies can use a variety of drafting techniques and carefully select contract terms in order to create contracts that have the potential to have broader societal impacts. But doing so may prove challenging for a variety of reasons, such as the reliance on traditional contract drafting language, and the time and money needed to revise standard contracts to incorporate the type of language and terms needed to facilitate such change. The recent proliferation of generative AI tools can be used to help alleviate many of these challenges. Contracts can be an effective vehicle for social change and contract drafters should learn how to leverage AI tools to assist them in reaching that goal. In this article, we will provide concrete illustrations of how contract drafters can leverage AI tools and incorporate a variety of drafting techniques to craft contract terms that not only achieve the best results for the transacting parties but can also be used for social good.