Today, I am teaching a webinar on artificial intelligence today and my focus is ethics. A number of audience members asked for sample clauses for revealing artificial intelligence use in their engagement agreements. Here are a few that attorneys may use freely.
Many firms are now asking whether they should include AI disclaimers or disclosures about the use of artificial intelligence in engagement letters. These questions usually come from a desire to be transparent with clients, but there is often confusion about what these clauses actually accomplish and what they do not.
Check Your Jurisdiction’s Requirements
Please review your own jurisdiction’s ethical rules and make sure that this language is acceptable for your engagement agreements. Adjust the language as necessary for your own purposes. If you are not a lawyer and are looking for language to use, please check with a lawyer. This language is specifically meant for attorney engagement agreements. These clauses are not meant for use by non-attorneys.
Pennsylvania Specific Artificial Intelligence Engagement Agreement Clause
Technology and Artificial Intelligence. Consistent with the Pennsylvania Rules of Professional Conduct, the Firm may use artificial intelligence–assisted technology as a supplementary tool for legal research, drafting, proofreading, and administrative support. The Firm maintains full professional responsibility for all work performed and all legal judgment exercised. All AI-assisted work is reviewed by a licensed attorney for accuracy, completeness, and compliance with applicable law. The Firm will take reasonable steps to protect the confidentiality of Client information and will not knowingly input confidential Client data into any public or unsecured artificial intelligence system.
General Artificial Intelligence Engagement Agreement Clause
Use of Technology and Artificial Intelligence. The Firm may use advanced technology tools, including artificial intelligence-based software, to assist with legal research, document drafting, data analysis, and practice management. All work product is reviewed by a licensed attorney to ensure accuracy, legal compliance, and the protection of Client confidences. No client information is disclosed in a manner inconsistent with applicable ethical or legal obligations.
Plain Language Version
Use of Artificial Intelligence. We may use artificial intelligence (AI) tools to help with things like legal research, drafting, proofreading, and office tasks. A licensed attorney always reviews the work and remains fully responsible for your case and all legal decisions. We take reasonable steps to protect your confidential information and do not knowingly enter your private information into public or unsecured AI systems.
Addressing both Artificial Intelligence and Billing in the Engagement Agreement
Here is a sample clause if you would like to make it clear that clients will not be charged separately for artificial intelligence use.
Technology-Assisted Legal Services. The Firm may use artificial intelligence and other automated tools to enhance efficiency and reduce administrative burden. Such use does not alter the Firm’s professional responsibility for the work performed. Client will not be charged separately for the use of AI tools unless expressly agreed in writing.
AI Clause Emphasizing Confidentiality
Use of Artificial Intelligence Tools. The Firm may use artificial intelligence–assisted technology solely for generalized research, drafting templates, formatting, proofreading, and internal efficiency purposes. The Firm does not input any Client confidential information, identifying data, or proprietary matter-specific content into any artificial intelligence system. All legal analysis, advice, and final work product are developed, reviewed, and approved solely by a licensed attorney in compliance with the Pennsylvania Rules of Professional Conduct. The Firm retains full professional responsibility for all services rendered.
Plain Language Confidentiality Clause
Use of Artificial Intelligence (AI). We sometimes use computer tools that rely on artificial intelligence to help with general research, writing templates, proofreading, formatting, and office efficiency. We do not put your confidential information into any AI system. A licensed attorney reviews all work and remains fully responsible for your legal matter at all times.
Micro-Version for Websites and Online Forms
Use of Artificial Intelligence. We may use artificial intelligence (AI) tools to assist with research, drafting, and office efficiency, but a licensed attorney always reviews the work and remains fully responsible for your matter. We take reasonable steps to protect your confidential information and do not knowingly enter it into any public or unsecured AI systems.
What You Might Want to Add
The clauses above are very basic and do not explain why your law firm is using Artificial Intelligence. You might want to explain in your engagement agreement why your firm is using AI. That is, to make more efficient use of your time.
Disclaimer
Licensed attorneys may use these clauses, but it is at your own risk. We do not form an attorney/client relationship as a result of your use of these clauses, and you bear all responsibility for their use.