Artificial Intelligence (AI) has become an indispensable tool for legal professionals, streamlining everything from document drafts to case research. Of course, with great efficiency comes greater responsibility. As the American Bar Association's Formal Opinion 512 makes clear, lawyers remain ethically obligated to exercise professional judgment and ensure accuracy in every piece of work that bears their name. However, there’s no reason a thorough review process should inhibit efficiency gains made possible by AI.
This article details how to build a simple, systematic approach that protects both your practice and your clients while still enjoying those impressive efficiency gains. First, begin by crafting an AI Acceptable Use Policy, a document that outlines the rules, guidelines, and restrictions governing how users can access and use your firm’s technology resources, systems, or services—ensuring that all legal professionals are held accountable to the priorities defined by your firm.
AI systems can confidently present plausible-sounding, incorrect information, making verification your first line of defense. Every factual claim requires independent confirmation through primary sources.
Verify Case Citations: Use trusted legal databases like Westlaw, Lexis, or Bloomberg Law to verify every citation. Don't rely on AI's assurance that cases exist—confirm them yourself.
Cross-reference statistical claims: When AI presents data or statistics, trace them back to their original sources. Legal arguments built on fabricated numbers won't survive scrutiny and could expose you to sanctions.
Validate procedural requirements: AI may misstate filing deadlines, jurisdictional requirements, or court rules. Always confirm procedural information against current local regulations and statutes.
Question legal conclusions. Review AI's legal reasoning step-by-step. Does the analysis account for recent developments in the law? Are there counterarguments the AI failed to consider? Strong legal work anticipates challenges.
Assess jurisdictional relevance. AI often conflates authority from different jurisdictions. Ensure that every case or statute cited is applicable in your jurisdiction and context.
Consider ethical implications. AI tools need professionals to set responsibility rules. Review all output for potential conflicts of interest, confidentiality concerns, or other ethical issues that require human judgment.
Every piece of AI-generated work can benefit from tailoring to your specific client and matter.
Verify factual accuracy against case files. AI may incorporate information from its training data that doesn't apply to your client's situation. Cross-check every factual assertion against your case files and client interviews.
Ensure strategic alignment. Does the AI's approach serve your client's objectives? Make sure the suggested legal strategies do not conflict with your client's business goals or risk tolerance.
Maintain client voice and preferences. Revise language and approach to reflect your client's voice and your established attorney-client relationship.
Confidentiality Protection
Before using any AI tool, understand how it handles client information. Many AI platforms use input data for training, potentially exposing confidential information to other users.
Invest in AI platforms that guarantee client information won't be used for training or shared with third parties. Review the terms of service carefully and update them regularly. Depending on your jurisdiction and the specific AI use, you may need to disclose AI involvement to clients, opposing counsel, or the court.
Stay informed about AI limitations. Understand common AI failures like hallucinations, bias, and outdated training data.
ABA Model Rule 1.1, states: "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation." and thus requires you to understand the benefits and risks of technologies you use in client representation.
Keep updated on evolving AI technology - Regularly update your understanding of the tools you use and emerging best practices in AI oversight.
Document your review process - Maintain records showing that you've appropriately reviewed and validated AI output to demonstrate compliance with professional responsibility requirements.
Know your disclosure obligations - Some courts require explicit disclosure of AI use in filings. Stay current with local rules and emerging requirements in your practice areas.
Communicate with clients - Even when not required, consider explaining your AI use to clients as part of keeping them reasonably informed about their representation. Be prepared to explain your process. If challenged, you should be able to articulate how you used AI, what oversight you provided, and why you're confident in the final work product.
To build a sustainable AI output review process at your firm, set consistent processes in place as opposed to relying on ad hoc checking. Build adequate review time into project timelines. Rushing the AI review defeats the purpose and increases risk. We recommend that law firms:
Develop review templates - Create checklists specific to different types of AI output—research memos, drafting projects, discovery responses—that ensure consistent verification.
Implement multiple review layers - Consider having different team members review AI output for various issues. For example, junior associates for cite-checking, senior associates for legal analysis, and partners for strategic alignment.
Use additional technology tools to help verify AI output efficiently.
Automated cite-checking tools - Some legal research platforms offer automated citation verification that can catch AI-generated phantom citations.
Plagiarism detection software - These tools can help identify when AI has inappropriately borrowed language from other sources without proper attribution.
AI Audit Tools - Emerging technologies can help detect AI-generated content and flag potential areas for enhanced human review.
Effective AI oversight requires specific skills that many legal professionals are still developing. Ensure everyone using AI understands both its capabilities and limitations. Consider practicing with low-stakes projects like internal memos.
Learn from failures. When you catch AI errors, analyze what happened and adjust your review process accordingly. Your competitive advantage lies not in simply using AI, but in using it more effectively and safely than competitors.
Your professional reputation—and your clients' interests—depend on your ability to review and validate AI output effectively. Start building your AI review capabilities today. This requires investment in new skills, processes, and technologies—but the firms that make this investment will define the future of legal practice.
