By Nick Hafen
AI Standing Committee Co-Chair
Guest Blog

We’re still seeing too many headlines about lawyers misusing generative AI. While the core ethical duties of competence, confidentiality, and honesty remain exactly the same, the arrival of AI tools introduces new wrinkles that the profession must understand. Generative AI isn’t going away, and it offers tremendous promise, but only if we use it thoughtfully.

Here are five key considerations for practicing law responsibly in the era of AI.

1. Always Verify the Content

Generative AI isn’t Google, Westlaw, or Lexis. Traditional research tools point you directly to sources; generative AI creates new content based on training data. That can be incredibly useful for brainstorming, drafting, and summarizing, but it can also be completely wrong.

Before relying on any AI-generated legal information, go to the original authority, read it yourself, and exercise your own judgment. Verification isn’t optional.

2. Protect Confidentiality

The duty to protect client information predates AI, but generative tools add an extra layer of complexity. Many AI platforms use user inputs to train future models. That means anything you type could reappear — in whole or in part — later.

Whenever possible, use tools that do not train on your data. If a platform does train on user inputs, treat it as a public forum and never enter confidential or identifiable client information. The risk may be small, but the ethical duty is absolute.

3. Bill Honestly When Using AI

AI can drastically reduce the time required to complete certain tasks. But if you’ve agreed to bill by the hour, you can’t use AI to complete a two-hour assignment in two minutes and still charge for two hours. Efficiency doesn’t change the ethical obligation to bill accurately.

Looking forward, AI may make flat-fee, subscription, or value-based billing even more appealing, and potentially fairer, for both lawyers and clients.

4. Create & Follow an AI Policy

Every legal workplace should have a clear AI policy that identifies which tools are approved and for what purposes. Policies should address accuracy verification, confidentiality, billing, client disclosure (if applicable), and training.

An AI policy isn’t just risk management; it helps teams innovate responsibly.

5. Embrace AI Within Ethical Boundaries

The goal isn’t to avoid generative AI altogether. Used responsibly, it can help lawyers work faster, serve more clients, reduce costs, and expand access to justice. The legal profession has always evolved alongside new technology, and AI is simply the next chapter.

Explore it, learn it, and understand where it can add value, but do so with your ethical duties and workplace rules front of mind.

Generative AI is a powerful tool, not a shortcut. When lawyers combine new technology with time-tested professional values, clients benefit and the justice system becomes stronger.

NOTE: Licensees have free access to an AI resource hub powered by LexisAI. Log in to your Practice Portal and add the Lexis card to explore white papers, webinars, and videos about best practices using AI in the legal profession.