Future - Inevitability
Every Firm Will Need an AI Vendor Policy. The Question Is When.
Malpractice exposure lands on the attorney who signed the document, not on the vendor's terms of service.
Future - Inevitability
Malpractice exposure lands on the attorney who signed the document, not on the vendor's terms of service.
Surprise - Contradiction
It's confidential client information moving through public model interfaces right now, without anyone's knowledge or consent...
Identity
Firms that treat that as an opportunity to get organized will look very different, a year from now, from the ones that treat it as an inconvenience
Money
So now there are two questions sitting unresolved in that case file. Did the tool produce bad output, or did the attorney produce bad output and blame the tool? And more importantly for the rest of us: when a firm signs a legal AI vendor contract, who actually owns that question?
AI Governance
Flip a coin, and you'd get a more honest answer than the average chatbot gave a person who'd lied to a partner or manipulated a coworker.
AI risk
The NVIDIA suit isn't about what the AI did. It's about who signed off on using the data and whether investors were told the truth.
AI risk
Governance came before scale... establish the regulatory relationship, define responsibility, then deploy the software.
AI risk
The duty of technological competence requires knowing what your own people are putting in front of a judge, under your signature
AI risk
"A ban doesn't stop use; it removes your ability to see it, standardize verification, or defend your judgment. Prohibition doesn't discharge your duty of competence; it just removes your evidence that you tried.
AI risk
You need three questions answered before adoption: does this vendor retain our inputs, for how long, and can we contractually opt out of training use.
AI risk
Purpose-built for lawyers' is a product description, not a compliance control. The duty to verify every citation sits with the human signing the document, regardless of which tool assisted
AI risk
AI output is a first draft from a very confident junior associate who has never read a case in their life and every governance framework should treat it that way.