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

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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. At Ezel, confidentiality is built into the architecture:

  • No training on client data. Your conversations, documents, and queries are never used to train or improve AI models. Your work product stays yours.
  • Data isolation. Each user's data is kept separate. No cross-user sharing, no data leakage between accounts.
  • Encryption at rest and in transit. SOC 2 compliant infrastructure with enterprise-grade security.
  • Bring Your Own Storage (BYOS). For firms with strict data governance requirements, connect your own AWS S3 buckets. Your documents never leave your infrastructure — Ezel provides the AI and interface while your data stays where you control it.
  • No passwords to steal. Passwordless authentication with email verification codes eliminates the most common attack vector in legal tech.

The point isn't that you should blindly trust any vendor. The point is that purpose-built legal platforms can meet the confidentiality requirements that general-purpose AI tools can't.

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. The question is whether your tools help you catch errors or leave you on your own.

  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 tools with built-in verification. The difference between safe and unsafe AI use often comes down to whether the tool helps you check its own work.

General-purpose AI tools like ChatGPT generate responses from training data alone. They have no way to verify whether a case citation is real or a holding is accurate. That's where purpose-built legal AI is fundamentally different.

Ezel addresses hallucination risk at multiple levels:

  • Research Mode searches a database of 2+ million real court opinions and performs real-time web searches to verify information before presenting it. Instead of generating answers from memory, it retrieves and cross-references actual sources.
  • Citation checking with the Essential Five framework validates every citation across five dimensions: existence (does the case exist?), quote accuracy (is the quoted text verbatim?), relevance (does it actually support your point?), authority status (is it still good law?), and format (proper Bluebook citation?). Results are color-coded — green, yellow, red — so you can see problems at a glance.
  • Case law search is grounded in real court opinions, not AI-generated summaries. When you find a case, you're reading an actual opinion from an actual court, with full citation information and links to verify.

This doesn't eliminate the need for your own review. But it means the tool is actively working to prevent the exact errors that have led to sanctions in other cases.

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

The judicial response to AI in legal practice is evolving rapidly. Here's where things stand:

Disclosure Requirements Are Spreading

A growing number of federal and state courts now require attorneys to disclose AI use in court filings. Some standing orders require a certification that all citations have been verified by a human. Others require disclosure of which AI tools were used and how. Before filing in any court, check the judge's standing orders and local rules for AI-specific requirements.

Sanctions Are Real

The Mata v. Avianca case remains the most prominent cautionary tale: attorneys were sanctioned after submitting a brief containing AI-generated citations to cases that didn't exist. But it's no longer an isolated incident. Courts across the country have imposed sanctions, ordered show-cause hearings, and issued public reprimands for unverified AI-generated content in filings.

The common thread in every sanction case is the same: the attorney didn't verify the AI's output. The tool isn't the problem. The workflow is.

The Bar Is Setting Standards

The ABA and state bars are issuing formal opinions and guidelines:
- The ABA has issued guidance on competence obligations when using AI tools
- Multiple state bars have published ethics opinions addressing AI use, confidentiality, and disclosure
- CLE requirements around legal technology are expanding

The consensus so far: AI use is permissible, but the attorney bears full responsibility for the output. Using AI doesn't change your obligations under the Rules of Professional Conduct — it just adds a new dimension to competence and supervision.

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.

E

Ezel Team

Contributing writer at Ezel Blog

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