Answer · Legal
What should a law firm never let AI do?
Receive client information without the client's informed consent, and produce anything filed or sent without a lawyer verifying every citation.
Receive information relating to a representation without the client's informed consent, and produce anything filed or sent whose citations a lawyer has not personally checked. Both are professional obligations rather than preferences about tooling.
Two constraints govern this and both come from professional obligation rather than from risk appetite. The first is confidentiality: a lawyer must keep confidential all information relating to the representation of a client, whatever its source, unless the client gives informed consent. Guidance on generative tools has been explicit that this means understanding how a tool uses data and obtaining informed consent before putting information relating to a representation into it, including within a firm's own closed system. Informed consent in this context means the client is told the material risks and the reasonably available alternatives.
That has a practical consequence firms often reach late: the decision about which tools may be used is not an IT decision. It is a decision about what has been disclosed to clients and agreed with them, which means engagement terms, not a policy circulated internally. Firms that address it as procurement end up with an approved tool and an unaddressed obligation.
The second constraint is verification. Every citation, quotation and proposition in anything filed or sent is the lawyer's assertion, and a generated citation is a claim that a document exists and says something. The only check that means anything is opening the source and reading the passage, because a fabricated citation is formatted identically to a real one and reads more plausibly than most real ones. This is not a matter of the tool improving; it is a matter of what is being asserted and by whom.
Beyond those two, the useful work is substantial and it sits in the same place as everywhere else: retrieval and drafting under review. Finding the relevant material in the firm's own documents. Producing a first draft of something routine. Summarising a long document for someone about to read it properly. Extracting dates and obligations from an agreement into a schedule. Each of these has a lawyer between the output and the client, which is where the obligation puts them anyway.
Billing deserves specific mention because it is where firms create a problem for themselves. Time saved by a tool is time not spent, and charging for it as though it were is a separate professional issue from anything about the technology. Firms that decide this deliberately — how the efficiency is reflected in what the client pays — avoid a conversation that goes badly when a client asks.
Finally, supervision. Work produced with these tools is still the work of the lawyer responsible for it, and the delegation logic that applies to a junior applies here without modification: the person responsible reads it, understands it, and answers for it. A firm that would not file a junior's brief unread should not file this one either, and the reason is the same one.
Every citation in a generated brief is a claim about a document that exists, and the only acceptable check is opening it.
Siddharth Sharma, Context Theory
Related questions
Is a closed or in-house system exempt from the consent question?
Published ethics guidance has addressed this directly and concluded that informed consent is appropriate even within a firm's closed system, because the risks a client is being asked to accept concern how information is processed rather than only where it is stored. A firm relying on the closed-system argument should read the guidance rather than the vendor's description of it.
Can AI be used for research if everything is checked?
Yes, and checking means opening each source rather than reading the summary of it. Research is one of the strongest applications precisely because the output is a set of pointers, each of which is verifiable in seconds. The failure is treating the summary as the finding rather than as a route to the finding.
METHOD
Every figure below carries its source and the date it was verified. Nothing on this page is asserted.
The numbers on this page.
| What | Value | Specific to |
|---|---|---|
| Attorneys & legal cost per lead | $131.63 | Category-wide |
| Attorneys & legal services CPC | $9.87 | Category-wide |
LocaliQ / WordStream Search Advertising Benchmarks 2026 · Google + Microsoft Ads, 20 industries · Apr 2025–Mar 2026 · verified
What is specific to this page.
| Kind | Claim | Check it against |
|---|---|---|
| Constraint | Published ethics guidance on generative tools concludes that a lawyer must understand how a tool uses data and should obtain the client's informed consent before entering information relating to a representation, including within a firm's own closed system. | The American Bar Association Standing Committee on Ethics and Professional Responsibility's formal ethics opinion on generative artificial intelligence, issued in July 2024. |
| Regulation | Informed consent in this context requires the client to be given adequate information about the material risks of the proposed conduct and the reasonably available alternatives, which makes it a matter for engagement terms rather than an internal policy. | The informed consent standard in the Model Rules of Professional Conduct, as applied in that opinion. |
| Workflow | A fabricated citation is formatted identically to a genuine one and frequently reads more plausibly, so the only check with any value is opening the source and reading the passage rather than assessing the citation's appearance. | Attempting to distinguish a fabricated citation from a genuine one without retrieving either. |
| Procurement | Time not spent because a tool performed the work raises a separate professional question about what is charged, which firms are better placed to decide deliberately than to answer when a client asks. | The firm's own billing arrangements and the reasonableness standard applying to fees. |
Each row would be wrong on another industry's page. Where a sourced figure exists it is in the table above instead; these are the constraints that shape the work and do not happen to be numbers.
Start with the measurement.
Reading about a benchmark is not the same as knowing your own number. The audit produces yours, measured rather than estimated.
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