artiFiCiaLinteLLigenCe & thepraCtiCeoFLaw
Technology Section
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they should input the minimum amount of data they need for an AI capability to work . Publicly available capabilities can create security issues ; employees should be warned about them .
4 . Vendor Management . An organization ’ s vendor management and compliance departments should vet any AI capability a practice uses . Attorneys should require the AI vendor to provide an ISO 42001 certification . Just as a firm would not hire an employee without performing a background check , an AI capability should not be used without verifying it can be trusted .
5 . Terms of Use . Attorneys should read and understand the Terms of Use for AI capabilities to see how data shared with the capability is stored , processed , used , shared , sold , etc .
6 . Don ’ t Commingle Client Data . Do not commingle client data within an AI tool . Attorneys should treat handling a client ’ s data similarly to how ethical requirements treat a client ’ s money . Client funds cannot be commingled with those of other clients or with an organization ’ s operating account . A client ’ s information should be handled similarly .
7 . Attorney Client Privilege . Technology was designed to allow information to flow freely and easily . AI tools will increase that flow significantly . Some attorneys are afraid of these tools ; others are rushing to embrace them . No matter where they fall regarding AI readiness , attorneys should take extra measures to ensure they observe the attorney-client privilege when using AI technology . n
Author : Ben Allen & Kurt Sanger – Buchanan Ingersoll & Rooney PC
J A N - F E B 2 0 2 5 | H C B A L A W Y E R
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