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Every Law Firm Needs an AI Policy. Here's the Template.

AI policy and legal ethics

Multiple attorneys have now been sanctioned for citing AI-generated fake cases. Bar associations across the country have issued AI ethics guidance. Courts are requiring AI disclosure in filings. And AI tools are being used (and misused) in every legal practice.

If your firm doesn't have an AI use policy, you're operating without guardrails in a rapidly changing landscape.

Essential Elements of a Law Firm AI Policy

1. Approved Tools

List specific AI tools that are approved for firm use:

  • Legal research (Westlaw's Co-Counsel, Lexis+ AI, etc.)
  • Document review (Relativity aiR, Logikcull, etc.)
  • Drafting assistance (enterprise versions of ChatGPT, Claude, etc.)

Explicitly prohibit use of consumer AI tools (free ChatGPT, Gemini, etc.) for client work.

2. Data Restrictions

Define what can and cannot be entered into AI tools:

  • Prohibited: Client names, case-specific facts, privileged communications, personally identifiable information
  • Allowed: Anonymized legal questions, generic research inquiries, non-confidential drafting templates

3. Verification Requirements

All AI-generated content must be:

  • Verified against primary sources for legal citations
  • Reviewed by an attorney for accuracy and appropriateness
  • Not used verbatim without attorney review and revision

4. Disclosure Requirements

When and how AI use must be disclosed:

  • Follow local court rules requiring AI disclosure in filings
  • Consider client disclosure when AI is used for substantive work product
  • Document AI use internally for quality control and ethics purposes

5. Training and Competence

Attorneys and staff using AI tools must:

  • Complete firm-provided AI ethics training
  • Understand the limitations and risks of AI tools
  • Know the firm's AI policy and verification procedures

6. Supervision

Partners and supervising attorneys must:

  • Ensure associates and paralegals using AI follow firm policy
  • Review AI-generated work product with appropriate scrutiny
  • Monitor AI use for policy compliance

Sample Policy Language

"Attorneys and staff may use firm-approved AI tools for legal research, document review, and drafting assistance subject to the following requirements: (1) No client-identifying information or privileged communications may be entered into AI tools; (2) All AI-generated citations must be verified against primary sources; (3) AI-generated content must be reviewed and revised by an attorney before use; (4) AI use must be disclosed in filings as required by applicable court rules; (5) Violations of this policy may result in disciplinary action up to and including termination."

AI is transforming legal practice. A written policy ensures it transforms your practice in ways that enhance rather than undermine your ethical obligations.