Managing Risk: Why Every Law Firm Needs an Approved AI Policy
- Yashar Daf
- Sep 2
- 2 min read
AI is no longer an experiment in the legal world — it’s already here. Associates are using it to summarize case files, partners are exploring it for research, and clients are beginning to ask about it. But while AI creates opportunity, it also creates risk.
The reality is simple: If your firm doesn’t have a board- or partner-approved AI policy, you’re exposed.
Why AI Creates Risk in Law Firms
AI touches the core of legal practice: confidentiality, accuracy, and professional ethics. Without a clear policy, law firms face:
Confidentiality breaches – client data uploaded to public tools.
Compliance violations – privacy laws (PHIPA, GDPR, HIPAA) and industry regulations (OSFI B-13, ABA guidance).
Inconsistent disclosures – some lawyers tell clients they use AI, others don’t.
Reputational damage – imagine AI-generated content in a submission that’s later challenged.
Risk management in 2025 isn’t just about firewalls and contracts — it’s about controlling how AI is adopted across the firm.
Key Components of an AI Policy for Law Firms
An effective AI policy should have seven pillars:
Purpose & Scope
Approved vs. Prohibited Tools
Confidentiality & Data Security
Risk Oversight & Governance
Acceptable Use Guidelines
Disclosure & Transparency
Training & Awareness
Why an Approved Policy Matters
Having a board- or partner-approved policy makes the difference between “good intentions” and real governance. Approval means:
AI risk is formally acknowledged and managed.
Partners are aligned on what’s acceptable.
The firm can show clients and regulators it takes AI risk seriously.
Takeaway
AI is no longer optional. The only choice law firms have is whether they manage it proactively or reactively.
A strong AI policy:
Protects client confidentiality.
Reduces regulatory and reputational risk.
Builds client trust.
Unlocks AI’s productivity benefits — safely.
If your firm hasn’t started, now is the time. Begin with a clear policy, backed by your board or partners, and evolve it as the technology and regulations mature.
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