Insights · September 2026 · AI & Legal Tech

How to hire a lawyer to review the contract you drafted with AI

Mid-century abstract illustration: hiring a lawyer to review an AI-drafted contract
Ask for a limited scope retainer — a review of one document, not a new file. Send the draft, the prompts you used, and the facts of the deal. Expect back a marked-up version, a short list of the things that actually matter, and a written note of what was not reviewed. Ask for a fixed fee before the work starts. If the lawyer will only work from a blank page, that is a business preference, not a professional rule: Ontario's Rules of Professional Conduct expressly contemplate a lawyer taking on part of a matter rather than all of it.

Most people send the draft and nothing else. That is the expensive mistake.

The agreement you got back from Claude or ChatGPT reads well. It is organised, it uses the right words, and it covers what an agreement of that type usually covers. That is what makes it hard to review. A bad draft announces itself in the first paragraph. A plausible draft asks your lawyer to reconstruct, from the document alone, what deal you thought you were describing — and if the model guessed wrong about your business, the guess is now written in confident legal English and reads like a decision somebody made.

You are not unusual for having done this. Statistics Canada reports that 19.2% of Canadian businesses used AI to produce goods or deliver services in the year to the second quarter of 2026, up from 6.1% two years earlier. Among businesses with one to four employees the figure was 19.9% — the smallest firms are adopting at essentially the same rate as everyone else, and they are the ones least likely to have had a lawyer look at the template they replaced.

What to send the lawyer, including the part most people leave out

Send all of this in the first email. Every item you hold back becomes a question later, and questions are billable.

One caution before you forward anything. If the draft contains someone else's confidential information, or you are bound by an NDA, pasting it into a public AI tool may already have been a problem — worth reading what you give away when you paste a contract into ChatGPT before you do it again.

How to ask for it: the words that get you a yes

The phrase to use is limited scope retainer. It is a defined term in Ontario, not a request for a favour. The Rules of Professional Conduct define it as the provision of legal services for part, but not all, of a client's legal matter, and the Law Society of Ontario's guidance on it is public. Rule 3.2-1A requires a lawyer taking one on to advise you honestly about the nature, extent and scope of what they can provide, and to confirm in writing, as soon as practicable, what services will be provided.

That written confirmation protects you as much as the lawyer. It is the document that says the review covered the indemnity and the termination clause and did not cover the tax treatment.

Something close to this works:

I have drafted a [supply agreement] using an AI tool and I would like a limited scope retainer to review it — the document only, not the wider matter.

Attached: the draft in Word, the prompts I used, and a one-page summary of the deal. The counterparty is [X], we expect to sign by [date], and I would like a fixed fee for the review before you start.

What I want back is a marked-up version, a short note on the three or four things that matter most, and a line telling me what you did not look at.

What a review should actually deliver

Ask for three things, and say so before the work starts.

DeliverableWhy it matters
A marked-up draft with tracked changesYou can see what changed and ask why. A clean replacement document tells you nothing about the reasoning, and you will not learn anything you can use next time.
A short note ranking the issuesThree or four things that could actually cost you money, in order, with the rest listed as cleanup. A 40-point issues list with no ranking is a document nobody acts on.
An explicit list of what was not reviewedTax treatment, employment law, privacy compliance, whether the other party can pay. This is the scope confirmation the rules call for, and it is the part that stops a misunderstanding later.

On timing: a short commercial agreement is usually a two-to-five business day job, not a two-week one. If a lawyer cannot start for three weeks and you sign in ten days, you need to know that in the first exchange, not the second.

What it should cost, and why the AI draft may not save you money

Ask for a fixed fee, and ask for it in writing. Reviewing one document of known length is exactly the kind of work that can be priced in advance, and the lawyer who quotes you a number has told you something about how often they have done it.

Then ask the question almost nobody asks: is it cheaper for you to review mine or to start from your own precedent? Sometimes the honest answer is the second one. Reviewing an unfamiliar draft means reading every clause to work out whether it is standard, deliberate, or a hallucination, and that can take longer than producing a document the lawyer already knows is sound. You are entitled to the comparison and to make the choice yourself.

If the lawyer bills hourly, one thing is worth knowing. The Law Society of Ontario's white paper on licensee use of generative AI (April 2024) is direct about it: "If a licensee is billing by the hour, they can only charge for the time actually spent by the licensee on the file, even if a generative AI tool has made the task much more efficient." A lawyer who uses AI to speed up your review may not bill you for the hours it would have taken without it.

What to do if the lawyer is resistant

Resistance is common and it is usually reasonable. Three of the four kinds have an answer.

What you hearWhat it usually meansWhat to say
"I'd rather start from my own precedent."Often correct, and not a brush-off. Their template is one they have defended before."Price it both ways and I'll choose." You may well pick the precedent.
"I can't take responsibility for a document I didn't draft."A professional liability concern, which is legitimate."Then let's do it as a limited scope retainer and put the scope in writing." That is precisely what rule 3.2-1A is for.
"We don't quote fixed fees."Firm policy, sometimes negotiable on a single document."Then give me an estimate and a not-to-exceed number, and call me before you pass it."
"You shouldn't have used AI for this."A view about the tool, not about your file.Nothing. Find another lawyer. The document exists; the question is what to do about it now.

There is a reason for the wariness in that last row. In Zhang v. Chen, 2024 BCSC 285, the British Columbia Supreme Court ordered a lawyer to personally pay costs after he filed material citing cases ChatGPT had invented. Generative AI, the court said, "is still no substitute for the professional expertise that the justice system requires of lawyers." Caution about unverified AI output is well founded. Refusing to look at a document a client has already written is a different thing.

So ask the question in the other direction: do you use AI in your own practice, and how do you verify it? A lawyer who says "never" and a lawyer who cannot describe a verification step are telling you different things, and neither answer is the reassuring one.

Five questions before you retain anyone

Five things to fix yourself first

These take twenty minutes and reduce what you are paying someone else to catch.

There is a longer version of that list in our guide to reviewing an AI-drafted contract, and a separate discussion of whether an AI-drafted contract is binding in Canada — it usually is, which is the problem.

The thing to hold on to

The draft is not the deal. It is a very fluent guess at what your deal might be, made by something that has never met your customer, does not know that your last supplier walked away owing you money, and cannot be asked what it was thinking. You can. That is the whole of what you are buying, and it is worth asking for by name.

I do this work at a fixed fee — see how a lawyer's review of an AI-drafted document works. If you would rather understand the trade-off first, AI does what you ask; a lawyer finds what you did not covers where the judgment actually sits.

Common questions

Will a lawyer review a contract I wrote with ChatGPT or Claude?

Many will, and it is an ordinary limited scope retainer — legal services for part, but not all, of a matter. Some prefer to start from their own precedent, which is a legitimate preference rather than a rule. Ask for the price both ways and choose.

What should I send with the draft?

The draft in Word, the prompts you used, the exact legal names of the parties, anything already signed or agreed, the other side's version if there is one, and your deadline and budget. The prompts matter most: they show what you told the model your deal was, and what you never mentioned.

What is a limited scope retainer?

Ontario's Rules of Professional Conduct define it as the provision of legal services for part, but not all, of a client's legal matter. Rule 3.2-1A requires the lawyer to advise you honestly about the scope of what they can provide and to confirm in writing, as soon as practicable, what services will be provided.

How much does it cost to have a lawyer review an AI-drafted agreement?

Ask for a fixed fee for a single document; it is the kind of work that can be priced in advance. Cost turns on length, how much is at stake, and whether the lawyer is reviewing your draft or replacing it. Ask for both numbers.

Does using AI make the review cheaper?

Not always. Reviewing an unfamiliar draft means checking every clause to see whether it is standard, deliberate, or invented, which can take longer than working from a template the lawyer already knows. Where a lawyer bills hourly, the Law Society of Ontario's April 2024 white paper says they may only charge for time actually spent, even if an AI tool made the task more efficient.

What should the lawyer give me back?

A marked-up draft with tracked changes, a short note ranking the three or four issues that could cost you money, and an explicit list of what was not reviewed — for example tax, employment or privacy questions.

What if the lawyer refuses because I used AI?

Distinguish a liability concern from a view about the tool. A liability concern is answered by putting the scope in writing under rule 3.2-1A. Disapproval of AI generally is not about your file, and it is a reason to call someone else.

Is a contract drafted by AI legally binding in Canada?

Usually yes. Canadian contract law cares about offer, acceptance, consideration and intention, not about who typed the words. That is the difficulty rather than the comfort: a binding agreement can still be the wrong agreement for your business.

KS
Written by Koby Smutylo

Koby is a business lawyer and the principal of Smutylo Law+ in Ottawa. Called to the Bar of Ontario in 2001, he has over two decades of experience in corporate, commercial, securities, and technology law, acting for business owners across Canada and for U.S. companies operating in Canada. He is also a trained mediator. More about Koby →

Legal information, not legal advice. For advice on your own situation, book a free 20-minute call.
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