Is AI Safe for Legal Work? What Every Attorney Needs to Know

The legal profession is embracing AI at an unprecedented rate, but concerns remain. From confidentiality worries to accuracy questions to ethical obligations, attorneys are right to approach new technology thoughtfully. Let's address the most common concerns head-on.

The Confidentiality Question

This is the number one concern we hear from attorneys, and for good reason. Attorney-client privilege is sacred, and breaching it can end careers.

The Real Risk

When you use a general-purpose AI tool like ChatGPT, you should know:
- Your conversations may be used to train the model
- Data may be stored on servers you don't control
- OpenAI and similar companies aren't your clients

This is a legitimate concern. The ABA has issued guidance suggesting that attorneys must understand how their technology providers handle data.

The Solution

Purpose-built legal AI tools address this differently:
- Data isolation: Your information is kept separate
- No training on client data: Your matters don't improve the model for others
- Enterprise-grade security: Encryption, access controls, audit logs
- BAAs and compliance: HIPAA, SOC 2, and other relevant certifications

At Ezel, for example, we explicitly do not train on user data. Your client information stays yours.

Best Practices

Regardless of which tool you use:
1. Read the privacy policy. Actually read it.
2. Ask about data handling. Any reputable vendor will explain clearly.
3. Anonymize when possible. Remove identifying details for general queries.
4. Use client codes. Refer to "Client A" instead of actual names in AI interactions.

Accuracy and Hallucinations

You've heard the horror stories: lawyers citing nonexistent cases, AI making up holdings, embarrassing sanctions. These are real risks.

Understanding the Problem

Large language models can "hallucinate" and generate plausible-sounding but false information. In legal work, this might mean:
- Fabricated case citations
- Incorrect holdings
- Made-up statutes
- Wrong dates or jurisdictions

Mitigating the Risk

Understanding AI as a drafting accelerator is key. It speeds up your work, but you still own the analysis.

1. Always verify citations. Check every case in a reliable database.
2. Review holdings carefully. Read the actual text instead of trusting summaries alone.
3. Let AI help with structure while you own the substance. AI handles the formatting and boilerplate; you provide the legal reasoning.
4. Choose specialized tools. Legal-specific AI is trained to reduce these errors.

How Legal AI Differs

Purpose-built legal AI tools typically:
- Ground responses in actual case law databases
- Provide links to sources you can verify
- Are fine-tuned to legal language and reasoning
- Include guardrails against common errors

Ethical Obligations

Bar rules are catching up to AI, but the core principles remain the same.

Competence (Rule 1.1)

You must be competent in the tools you use. This means:
- Understanding what AI can and can't do
- Knowing when to verify AI output
- Recognizing when AI assistance is inappropriate

Supervision (Rules 5.1, 5.3)

If you use AI, you're responsible for the output just as if a paralegal had drafted it:
- Review everything before it goes out
- Don't delegate judgment calls to AI
- Maintain responsibility for the final work product

Candor (Rule 3.3)

You cannot submit false information to tribunals. When using AI:
- Verify all factual claims
- Check every citation
- Never assume AI output is accurate without review

Fee Implications

Can you bill for AI-assisted work?
- Yes, if the work provides value and was necessary
- No, you shouldn't bill for time AI saved you
- Transparency: Consider disclosing AI use to clients in engagement letters

What Judges and Courts Are Saying

Courts are taking different approaches:

Disclosure Requirements

Some jurisdictions now require disclosure of AI use in court filings. Check local rules.

Sanctions for AI Errors

The Mata v. Avianca case resulted in sanctions when lawyers submitted AI-generated briefs with fake citations. The lesson: verification is mandatory.

Emerging Guidance

The ABA, state bars, and courts are issuing opinions. Stay current with:
- ABA Formal Opinions
- State bar ethics opinions
- Local court rules

Practical Framework for Using AI Safely

Before You Use AI

1. Evaluate the tool. Understand data handling, accuracy rates, and intended use.
2. Update engagement letters. Consider whether to disclose AI use.
3. Train yourself. Take time to learn the tool's capabilities and limitations.

During Use

1. Start with low-risk tasks. Use AI for internal drafts before client-facing work.
2. Maintain skepticism. Treat AI output as a first draft that needs your review.
3. Document your process. Keep records of what AI generated vs. what you wrote.

After Use

1. Verify everything. Check citations, facts, and legal conclusions.
2. Apply judgment. Make sure the output reflects your legal analysis.
3. Take responsibility. If you sign it, you own it.

The Bottom Line

Is AI safe for legal work? Yes, with appropriate precautions.

The attorneys getting in trouble aren't using AI. They're using AI carelessly. The technology itself is neutral; the implementation matters.

Used thoughtfully, AI can:
- Accelerate drafting without sacrificing quality
- Improve research efficiency
- Help manage workloads
- Reduce errors in routine tasks

AI is a tool that requires supervision. Treat it as a capable assistant that still needs your oversight and judgment.

Looking for a legal AI platform built with attorney ethics in mind? Ezel AI never trains on your data, grounds responses in real case law, and is designed for the unique requirements of legal practice. Try it free for 14 days.