Gen AI and Legal Malpractice: Risks, Standards and Future Implications

Corporate attorneys Brittney Yocum, Jim Birge, Victoria Blackwell and law clerk Thandar Thet co-authored an article titled “Gen AI and Legal Malpractice: Risks, Standards and Future Implications” for Westlaw Today. 

The co-authors outlined how the use of generative AI has reshaped certain legal practices, saving clients time and money. However, using AI comes with risks, with legal malpractice claims arising fueled by AI occurring more often. The co-authors advised that attorneys adhere to practices that mitigate AI-related claims, including: 

(1) Use only firm-approved Gen AI tools with privacy protections, not public tools.

(2) If firm-approved tools are not available, and only if the firm permits the use of public models, redact or anonymize all client information before using Gen AI systems. Limit the talk to non-sensitive work.

(3) Follow firm guidance on informed consent and Gen AI usage.

“The path forward is proper governance with ongoing education, vigilance, and deliberate adaptation,” the co-authors added. “Lawyers must continuously update their understanding of the tools, and re-train themselves and their firms to keep pace. High standards of care are not preserved by tradition alone but by continual maintenance and adaptation as the tools and risks of legal practice change.”