Is Your Attorney Using AI Responsibly?

Artificial Intelligence (AI) quickly took us all by storm. AI has rapidly become part of everyday life, and the legal profession is no exception. While I personally do not use AI all too frequently, attorneys are using AI to streamline research, draft correspondence, and improve efficiency. When used responsibly, these tools are known to potentially reduce costs, save you time, and allow attorneys to focus on the strategy. AI can streamline administrative tasks, helping litigators keep pace with the demands of their fast-moving practice.

However, as with any new technology, AI use comes with risks. As you have likely seen in recent media sources, not every attorney is using it appropriately. In fact, more attorneys are finding themselves in “hot water” with Judges by using both inaccurate case citations and complete case hallucinations. Beresford Booth attorneys are no exception to the rise in use of AI in daily practice. The difference is how we are using it to benefit and protect our clients.

Misuse can take many forms. An attorney may rely on AI-generated research without confirming that the cases, statutes, or quotations actually exist. Courts have increasingly sanctioned lawyers for filing briefs containing fabricated or inaccurate citations, and the lesson is clear: AI can suggest authority, but it cannot be trusted as the final source of legal truth. Lawyers also misuse AI when they allow it to draft pleadings, declarations, settlement proposals, or client communications without carefully reviewing the substance, tone, and legal consequences of what is being said.

AI can be misused when it is treated as a shortcut for judgment. For example, an attorney might ask an AI tool to summarize financial records, discovery responses, medical records, or parenting-related communications and then accept that summary without comparing it to the actual evidence. In family law matters, where the facts are personal, nuanced, and often emotionally charged, that kind of overreliance can distort the record and lead to poor strategic decisions.

AI simply cannot replace an attorney’s professional judgement, experience, or our ethical duties. Every legal matter, particularly in family law cases, involves a unique set of facts and strategic decisions that require careful analysis. A lawyer who relies on AI to draft pleadings or conduct case analysis risks making grave errors at the expense of their client.

Most importantly, it is the lawyer’s ethical duty to protect client confidentiality (RPC 1.6). Attorneys must exercise caution before entering sensitive information into an open AI model and even in a closed AI model. Responsible lawyers understand which AI tools offer appropriate privacy protections and when client information should be anonymized or withheld entirely. Attorneys should also be aware of their ethical obligations regarding data security. Clients have every right to ask how their confidential information is being protected.

Here at Beresford Booth our use of AI policy sets clear expectations for how attorneys, paralegals, staff, contractors, interns, and others working with the Firm may use artificial intelligence tools. The core principle is simple: AI may assist legal work, but it does not replace professional judgment. The Firm requires advance approval of AI tools by the Managing Partner and currently permits only approved platforms. Beresford Booth’s policy embraces AI as a useful professional tool while making clear that responsibility remains with our clients. AI can support legal service delivery, but every output must be reviewed for accuracy, ethics, confidentiality, and legal sufficiency before it becomes part of Beresford Booth’s work product.

AI can be a valuable tool when used carefully, ethically, and with appropriate attorney oversight. But it should never replace critical thinking, courtroom experience, negotiation skills, or the attorney-client relationship. If you are hiring an attorney, do not hesitate to ask how AI is being used in your case, how your confidential information is protected, and what steps are taken to verify the work product. At the end of the day, you are hiring a lawyer—not a computer—and your legal representation should reflect that.

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Beresford Booth lawyers are experienced, dedicated professionals, prepared to answer your questions and guide you through the process based on your needs and goals. As a result of our experience, we provide you with practical advice and set reasonable expectations for the process. Together, we develop and implement a case strategy based on your goals. 

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