AI in the Small Law Firm – The Need for a Formal Written Policy

Beginning with fax machines, and continuing through the explosion of the internet, cellphones, e-mail, and texting, technological developments have required revisions to existing policies, as well as the creation of wholly new policies. Carefully drafted policies are especially critical in the setting of a small firm, where the attorney is constantly torn between performing legal services while also balancing the legal and ethical limitations and pitfalls.

AI applications require a clear, thought-out policy for the small law firm. For all the power that AI offers, such firms are strongly encouraged to develop and refine an express policy for the use of chatbots, generative AI, and the other AI tools currently available, along with those that will be created in the immediate future.

Below is a sample AI policy that has been developed for my firm. Please realize that this policy, like any company policy, is malleable and must be constantly reviewed and adjusted to fit the firm’s specific composition and practices as well as changes to existing and future AI applications.

FIRM POLICY FOR USE OF ARTIFICIAL INTELLIGENCE (AI)

• Employees (both attorneys and staff) seeking to use an Artificial Intelligence (“AI”) application are required to check with their supervising attorney for review and/or approval.
• Only AI applications that have been approved by the Firm’s Leadership Committee may be utilized by the Firm’s employees. The Leadership Committee shall keep a company-wide list of approved AI applications with a detailed description of permitted uses for the AI application. Employees are strictly prohibited from using an AI application for any work purpose that has not been listed on the approved list or has been approved in advance by the Leadership Committee.
• If any employee is seeking approval of an AI application, the employee must at a minimum:

• Send a written request to any member of the Leadership Committee.
• Provide a link to the AI application website for reference.
• Provide a short description of the intended use of the AI application.

• In the event an employee has a question regarding the appropriate use of any AI application, the employee should reach out to her/his supervising attorney, who will then discuss the issue with a member of the Leadership Committee.
• Attorneys may use approved AI applications for the purposes of drafting legal documents or for legal research. Staff may use such AI applications ONLY at the request of and under the direct supervision of her/his supervising attorney.
• Approved AI applications that do not involve legal drafting and research (i.e., applications that relate to work processes and time efficiency) may be used provided client data and confidentiality are not utilized and the employee thoroughly reviews any work product.
• Attorneys may use discretion for utilizing approved AI applications, both directly and through staff, with the understanding that the Attorney is ultimately responsible for the final review, specific content and ultimate dissemination and application of all work product produced under the AI application to the same extent that the attorney drafted such content without the use of an AI application.
• Employees must always consider client confidentiality and other ethical considerations prior to the use of any AI application. In the event of any question regarding the use of an AI application the employee shall reach out to her/his supervising attorney and/or the Leadership Committee.
•  All Employees recognize that AI applications are merely additional tools available to enhance her/his work product and productivity. Common sense should always be used so that the utilization of any AI application is done in a professional and ethical manner, and in the collective best interests or the Firm, the Firm’s clients, and the integrity of the legal profession.