Lawyers Aren't Discussing AI Tools With Each Other, Despite Agreement They Should
Attorneys across firms are not having conversations about artificial intelligence with their peers and collaborators, yet there is broad consensus that they need to start. The gap between what lawyers know they should do and what they're actually doing creates potential ethical and operational risks.
When attorneys bring in associated counsel or collaborate with other lawyers, they should have written agreements that detail mutual obligations, according to Jennifer Ellis, a legal ethics attorney. Those agreements should address technology use-both what each attorney is using and what their co-counsel is using.
The responsibility falls on individual attorneys to know what technology they're deploying and what their collaborators are deploying. Under legal ethics rules, attorneys must choose appropriate counsel to work with, which means understanding their technology practices.
The silence on this topic is notable. Lawyers recognize the obligation but aren't translating that into workplace conversations. Without clear agreements and open dialogue, firms risk inconsistent AI use across cases, potential compliance gaps, and unclear lines of responsibility when problems occur.
For attorneys looking to establish better practices around AI tools, AI for Legal offers guidance on implementation and ethics in law practice.
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