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Avoiding Modern Ethical Mishaps: How To Develop a Strong Firm AI Policy

Artificial intelligence is no longer a futuristic concept — it’s here, and law firms are using it whether they have a policy in place or not. From contract drafting and legal research to litigation support and client communication, AI is transforming the way lawyers practice. But with this rapid adoption comes critical ethical considerations, compliance risks, and the need for clear firm policies to ensure responsible use.

In this engaging and practical program, attorneys will gain insight into the real-world applications of AI in law, the ethical challenges that come with its use, and the evolving guidance from bar associations and regulatory bodies. We will explore key ethics rules, confidentiality concerns, and the risks that arise when AI-generated content is used in legal matters. Attendees will also learn when AI use must be disclosed to clients and how to mitigate potential malpractice risks.

Beyond the ethical considerations, this program provides actionable steps for law firms to develop their own AI policies. We will break down the essential components of a well-structured policy, discuss how firms can implement AI safely and effectively, and provide a roadmap for staying compliant with the latest bar opinions. Whether your firm is already using AI or just beginning to explore its capabilities, this session will equip you with the knowledge and tools to navigate the intersection of technology and ethics with confidence.

Learning Objectives:

Identify how AI is currently being used in the legal industry and its impact on legal work, including contract review, e-discovery, legal research, and predictive analytics
Examine the ethical challenges associated with AI, including confidentiality concerns, unauthorized practice of law risks, and the duty to supervise technology
Understand the latest ABA and state bar guidance on AI in legal practice and when disclosure to clients is required
Learn the key components of an AI policy for law firms, including guidelines for responsible AI adoption, risk management strategies, and compliance best practices

Topics covered include:

Artificial Intelligence (AI) Law Firm Management Legal Ethics Legal Tech

Agenda:

Introduction & Overview

Overview of generative AI
What it is (and isn’t)
Current tools (ChatGPT, CoPilot, Gemini), and how they function
Definitions and examples relevant to legal practice

How AI Is Being Used in Law Firms

Expanded overview of AI use cases across the legal industry:

Legal research & analytics
Contract review & drafting
E-discovery & litigation support
Virtual assistants & client intake
Billing models, ADR/mediation, compliance, and IP monitoring

Ethical Guidance From the ABA and State Bars

Review of recent ethics opinions (ABA, FL, PA, NY, CA, etc.)
Discussion on evolving bar association positions and key takeaways from each

Confidentiality, Data Security & AI Risks

Discussion of Model Rule 1.6 implications
Real-world confidentiality issues with AI tools, risk assessments, and protective measures
What to redact, how to use hypotheticals, and the importance of secure platforms

Applying Ethics Rules to AI Usage

Deeper dive into how Model Rules apply:

Rule 1.1 (Competence)
Rule 3.3 (Candor to Tribunal)
Rule 8.4 (Conduct & Misrepresentation)
Rule 1.5 (Billing & Fees)
Rules 5.1 & 5.3 (Supervision & Nonlawyer Oversight)
Rule 1.4 (Client Communication & Disclosure)

Core Components of an AI Policy

Overview of what a strong AI policy should include:

Competency standards
Confidentiality protections
Supervision and oversight
Platform vetting and approval
Transparency and disclosure
Billing and audit controls

Step-by-Step: Developing and Implementing an AI Policy

Concrete steps for building your firm’s AI policy:

Choose an AI committee
Approve platforms
Define permitted uses
Address security
Billing practices
Oversight processes
Client disclosure
Policy audits
Training and enforcement

Questions & Answers (as time permits)

Duration of this webinar: 60 minutes

Originally broadcast: September 26, 2025 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speakers, Desire'e Martinelli and Jeff Lantz, will discuss developing a strong AI policy for law firms. The presentation will cover generative AI, its use in law firms, ethical considerations, and the ABA model rules. Audience questions will be addressed at the end of the presentation.

05:06 Understanding Generative AI

The presentation explains the importance of understanding generative AI, which creates new content by learning from large data sets. Generative AI overlaps with other technologies and can produce text, images, music, or videos. The presentation highlights the ethical concerns related to self-learning models, which can use input data in future responses. AI is used in legal research, case law analysis, and predictive analytics to estimate case outcomes. The presentation introduces Torch, a tool for quick case law analysis and document summarization, emphasizing its efficiency.

09:27 AI Applications in Legal Practice

AI is streamlining contract review and drafting, offering tools like Giro, Kira, and Legal to ensure compliance and identify missing clauses. AI enhances litigation support, e-discovery, and document review, using predictive coding to focus on critical documents. Billing tools like BigHand help firms estimate legal fees more precisely, supporting alternative fee structures. AI assists in alternative dispute resolution by predicting outcomes and settlement offers based on input data. Human oversight remains important to prevent AI hallucinations and ensure accuracy in legal documents.

23:27 Ethical Considerations and AI Policies

Rule 1.1 requires lawyers to be competent in technology, including understanding AI's capabilities and limitations. AI should not replace legal judgment; lawyers must ensure AI outputs are accurate and reliable. The ABA provides guidance on AI use, including billing practices and supervisory responsibilities. Law firms must continue adapting to rapid changes in AI technology.

37:50 Client Disclosure and Consent

Disclosure of AI use to clients is necessary under certain circumstances, such as when confidential information is involved. ABA Opinion 512 outlines the need for informed consent, emphasizing specific communication about AI's impact on legal services. The speakers advise including AI disclosures in retention letters and updating existing client agreements. A firm-wide AI policy should establish standards for AI use, ensuring compliance and preventing ethical violations. The policy should cover competency, oversight, confidentiality, platform approval, accuracy, and client disclosure.

47:45 Developing and Implementing AI Policies

Developing an AI policy involves forming a committee to oversee policy creation, tool selection, and compliance. The policy should specify approved AI tools and their permitted uses, ensuring security and confidentiality. Regular audits and updates are essential to adapt to evolving AI technologies and maintain compliance. Training staff on the AI policy is crucial for effective implementation and adherence to ethical standards.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Technology in the Practice of Law

Earn Credit Until: June 30, 2026

New Jersey CLE

Status: Approved

Credits: 1.20 Total: 0.60 General, 0.60 Ethics/Professionalism

Earn Credit Until: September 25, 2026

North Carolina CLE

Status: Approved

Credits: 1.00 Technology Training

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Total: 0.50 General, 0.50 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

Texas CLE

Status: Approved

Credits: 1.00 Total: 0.50 General, 0.50 Legal Ethics/Professional Responsibility

Earn Credit Until: August 31, 2026

This presentation is approved for one hour of Technology in the Practice of Law CLE credit in California, one hour of Technology Training CLE credit in North Carolina, and one hour of total CLE credit in South Carolina (all levels), of which 0.50 credit hours will apply to Legal Ethics/Professional Responsibility credit. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 0.60 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 0.50 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speakers

Desire’e Martinelli Attorney & Director of Marketing and Analytics
Esquire Interactive LLC

Desire'e Martinelli is a dynamic, multi-faceted professional, currently serving as the Director of Marketing & Analytics at Esquire Interactive. With a strong background in business and law, she excels in website development, branding, and Internet marketing strategies tailored for law firms and attorneys. Read More ›