Attorney-Client Agreements: language for disclosing AI use

So my friend and colleague ​@EllenSemble (obviously a fellow Smokeball user) posted about her worst nightmare, that case out of MS where 2 lawyers on each side of the dispute used AI, it hallucinated, and all 4 were disqualified. 

​@Monica K. mentioned in the discussion that happened in response to that post that she was working through adding AI language to her attorney/client agreements. I’m not sure if the state bars have agreed on this but this language really should be in every single fee agreement if AI is even minimally used in your practice. 

I know a lot of you use AI in your practice in different ways with different purposes, even though none of you will answer my polls in the AI Sidebar Lounge asking about what you use and how. (Rude.) Some of you use AI to do basic operational things and run reports about your firm, and that’s it. Some of you go a little further and use it for that, plus basic client communication, like emails or letters asking them to come in or review the attached document and call to discuss, and calendaring. Some you do that, plus adding basic matter summaries that your Chill Paralegal (TM) can stick under your nose before you walk into a client meeting. Some of you are already hot out the gate and down the street, using legal AI tools to do all that and analyze bank records, draft motions, prepare outlines for direct and cross examination, and things that haven’t even occurred to me yet. 

Regardless of what purpose you’re using it for - organizational and operational, or more generative and matter-involved - its disclosure and language about its governance should be best practices. If I had a pending matter, I would like to know how my attorney is using AI to help him or her prepare. I suspect you would, too.

Model Rule 1.6 doesn’t require disclosure of AI use and informed consent, but other Model Rules may. Model Rule 1.4 addresses “the duty of an attorney to advise the client promptly whenever he has any information to give which it is important the client should receive. It states that a lawyer should “reasonably consult with the client about the means by which the client’s objectives are to be accomplished.” Further, it obligates lawyers to explain matters “to the extent reasonably necessary to permit a client to make an informed decision regarding the representation.” 

I know some lawyers will disagree, but me, personally, I would rather put language disclosing my AI use into my fee agreement, even if I use it for only the most basic of administrative tasks, than have to argue my way around Rule 1.4. 

So, what to say and how to say it? I can provide some examples, but these are only examples and you bear all responsibility for their use. I have written them as extensively as possible so that you can cut down the language to what suits your situation, and, of course, check your jurisdiction’s guidance. 

Use of Artificial Intelligence (AI). The firm may use advanced technology tools, including artificial intelligence (AI) tools, to assist with tasks such as legal research, document review and drafting, data analysis, and practice management. These tools are used under the supervision of a licensed attorney to ensure accuracy, legal compliance, and the protection of client confidences. The firm may use these AI tools to improve quality and make more efficient use of an attorney’s time. These AI tools do not replace professional legal judgment. The firm will not knowingly disclose identifiable client information or input it into any AI system that stores or uses that data for future training, unless the system is deployed in a private or secure environment. All AI use will comply with applicable ethical rules, confidentiality obligations, and data protection requirements. Client will not be charged separately for the use of AI tools unless expressly agreed in writing. The firm retains full professional responsibility for all services rendered. 

Again, this is an example, and you are responsible for adding to it or cutting it down to the language that suits your situation and conforms with the rules in your jurisdiction. If you prefer plain language, you will have to edit this example.

You might want to have some language to that effect up on your website, as well, just to be safe. An example, to be used at your own risk, could be:

Use of Artificial Intelligence. The firm may use artificial intelligence (AI) tools to assist with legal research, drafting, and administrative tasks in order to improve efficiency, but an attorney always reviews the work and remains responsible for your matter. The firm takes reasonable steps to protect your confidential information and does not knowingly enter it into any public or unsecured AI systems.

Do you already have AI language in your Attorney-Client agreements? What is it? I’d love to see more examples, since mine are obviously crafted to include as much as possible with the intention of whittling down or adding more specific examples, if applicable. I want to see what your plain language version looks like, and if your jurisdiction requires you to include some specific language. I know  ​@JKibler was mentioning firms having specific AI policies, and I’d like to know those, too, because they can easily be adapted to fit fee agreements. How do you do it in your practice?