Can Lawyers Just Ignore AI?

Many law firms have begun using AI regularly in their practice, including in various software platforms that have quietly integrated AI functions. But to many lawyers, AI is a vast unknown technology that they don’t know much about, don’t understand, and don’t use or don’t want to use. 

Why not just ignore the changes AI is bringing to law practice? That might feel safer, avoiding risks like the inadvertent disclosure of confidential client information, AI hallucinations, and the potential damage to your reputation and your practice that these bring. 

But ignoring AI isn’t really an option for lawyers under the Rules of Professional Conduct. California Rule of Professional Conduct 1.1—like its counterpart in many states—imposes a duty of competence, which “include[s] the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology.” Rule 1.1, comment [1].

That means, at a minimum, that lawyers have a duty to know what AI is, how to use it responsibly, the risks it poses, and how to mitigate those risks to protect their clients. This obligation matters even more because many lawyers are already using AI—possibly without knowing it. With AI increasingly embedded in common legal platforms and software, its functions are likely in use in ways many lawyers have not considered. 

In short, you can’t ignore AI in your practice. Start here to understand how the Rules apply to AI.