If you’ve been using artificial intelligence in your law practice – and, most lawyers have been, at least to some extent (some, without even knowing it) – you’ve probably been thinking about what you should tell your clients about that, if anything.
So, let me be the one to confirm that, yes – you should be telling your clients about how you use AI in your law practice, and why you do it. But, there’s also something else you should be alerting them to: when they shouldn’t be using AI, in relation to their case.
My friend, Josh Noffke, a Michigan lawyer & AI consultant, has created a couple of great clauses for both scenarios.
As you can see from Josh’s engagement agreement clause, the client-facing clause about a law firm’s use of artificial intelligence can be short and sweet. It centers the lawyer’s judgment as a control, and lays out certain use cases for AI in a law practice. This works because clients expect or anticipate that their attorneys will be using artificial intelligence in 2026; they’re just waiting for you to acknowledge the fact & explain it.
The clause respecting a client’s use of artificial intelligence is a little broader, in part because the client’s expectation is likely different – they probably feel like they can do anything they want, with respect to AI usage. So, here, you’re educating them that placing information into an AI tool about their case, may, in fact, be discoverable or may waive the attorney-client privilege. Then, you’re asking them to sign off on their intention to avoid doing what you’ve warned them against – of course, that’s no guarantee that they will do what you say; though, it does give you a little bit of CYA. It may also be helpful to have clients initial this section, to help draw attention to it.
At least right now, that’s probably enough to cover your bases, without overwhelming your clients or overburdening your engagement agreement.
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If you want to talk more about how artificial intelligence has impacted your practice, reach out to us today.