IP Law Daily, EXPERT INSIGHTS—Attention to ethical considerations needed for responsible AI use by law firms, (May 27, 2026)
Law Firms Mentioned:Hunton Andrews Kurth LLP
By WK Editorial Staff
Article by Hunton attorneys examines the growing use of generative AI in legal practice, highlighting both its benefits and associated risks.
AI tools are increasingly being used by law firms to improve efficiency in such tasks as legal research, drafting, document review, note-taking, and performance tracking. However, the use of AI raises concerns with respect to client confidentiality risks; attorney-client privilege, work product, and waiver issues; and the accuracy of AI tools’ output. Ethical obligations under professional conduct rules require lawyers to safeguard client information, potentially obtain informed client consent, and carefully vet AI tools’ security and data policies.
In an Expert Insights article, Christopher J. Dufek, Partner, Hunton Andrews Kurth LLP, and Aubrianna L. Mierow, Associate, Hunton Andrews Kurth LLP, explain that, while AI offers significant advantages, its responsible use demands careful oversight, compliance with ethical obligations, and continuous adaptation to evolving legal standards.
The authors point out that recent court decisions suggest communications with public AI tools may not be privileged, while protection for work product depends on factors such as attorney involvement and litigation context. They also address the problem of inaccurate AI-generated outputs, or “hallucinations,” such as fabricated legal citations. The authors note that courts have disciplined attorneys for relying on such errors, emphasizing that counsel must independently verify all AI-generated content.
According to the authors, firms wishing to prevent false or inaccurate information from AI being filed in court should implement training programs, establish clear AI usage policies, ensure transparency among attorneys about AI use, and treat AI outputs as preliminary drafts requiring thorough review.
The Expert Insights article, titled “AI Tools in Legal Practice and Associated Risks and Mitigation Strategies,” is available here.
Attorneys: Christopher J. Dufek and Aubrianna L. Mierow (Hunton Andrews Kurth LLP).
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