As the landscape of legal technology changes, legal teams must consider how and when they disclose to their clients that they are using Artificial Intelligence (AI). Although there is no unifying regulation on disclosure, this question goes deeper than the rules set out by legal governing bodies - it’s a question of client trust and the ethical duty of a lawyer to their client. In this article we'll dive into some of the best practices that legal teams can employ as they disclose their AI usage to clients.
The American Bar Association’s Formal Opinion 512 (2024) stresses that existing ethics rules – competency, confidentiality, communication, and reasonable fees – all apply to generative AI use. Without going deeply on the current rules and regulations on disclosure (you can find more on this topic here), ethical guidance urges transparency: a lawyer must consider if there is a duty to disclose AI use to the client, and may proactively inform clients about how AI tools are employed in their case when it’s important to the client’s decision-making.
Professional bodies at state and international levels echo these themes. For example, the State Bar of California’s guidance on generative AI advises that lawyers “should consider disclosure” to clients when intending to use AI, including explaining how the technology will be used and its benefits and risks. Similarly, the Law Society of England and Wales (UK) recommends clearly communicating to clients when and how AI tools are used in their matters, whenever appropriate. These guidelines reflect a broad ethical consensus: transparency about AI usage is part of providing competent, faithful representation. Attorneys must use AI responsibly – verifying outputs and protecting data – and be prepared to explain their AI use as part of their fiduciary duty to keep clients informed.
How lawyers communicate about AI is crucial. Clients entrust sensitive and complex matters to attorneys, so any introduction of AI must be framed to preserve and even enhance that trust. In this section we outline a few tactics that can help achieve those goals.
Emphasize AI as a Tool, Not a Replacement: Reassure clients that AI is used to augment the attorney’s work, not replace it. As the New York State Bar put it: AI “is not a substitute for the expertise and judgment of our attorneys”, who will exercise professional judgment and ensure accuracy of AI-generated content. This kind of messaging underscores that the lawyer remains fully in control of the case strategy and quality. Clients should understand that their lawyer is using AI the same way they’d use any advanced software – to serve the client’s interests more effectively – and that all final decisions and oversight rest with the lawyer’s human expertise.
Highlight the Benefits to the Client: When disclosing AI use, focus on why you are using it. Common benefits to communicate are increased efficiency, faster turnaround, and cost-effectiveness. For instance, you might explain that an AI tool can review large volumes of documents or research in a fraction of the time, which can reduce billable hours or produce insights faster. The goal is to show that AI use is a value-add for the client. Indeed, many firms note that AI helps perform repetitive tasks and reduce human error, allowing the legal team to concentrate on higher-level strategy. By framing AI as something that ultimately benefits the client (e.g. through lower costs or improved service), clients are more likely to view its use positively rather than as cutting corners.
Be Honest About Limitations and Supervision: Transparency includes acknowledging that AI has limitations. Let clients know that you are aware AI can produce errors (“hallucinations”) or may lack context, and thus you will carefully review and verify all AI outputs. By openly discussing risks (such as potential inaccuracies or confidentiality considerations) and explaining the safeguards you have in place – e.g. “We will double-check the AI’s research against primary sources,” or “All documents are read by a lawyer before being filed or sent to opposing counsel” – you demonstrate professionalism and candor. This honesty actually builds trust, showing clients that you’re not blindly using new tech but are managing it responsibly. Clients who understand that you have a process to vet AI-derived work will be more confident that quality isn’t being sacrificed for speed.
Use Clear, Non-Technical Language: Tailor the conversation to the client’s sophistication and concerns. For some tech-savvy clients, a detailed explanation of your AI tool and its security might be appreciated. For others, especially individual clients unfamiliar with AI, keep it simple: for example, “We use a computer program that can draft an initial version of legal documents quickly. I will then personally refine and check it to make sure it’s correct.” Avoid overwhelming the client with jargon. The aim is informed consent, not confusion. Ensure the client understands the gist of what the AI does and how you’ll use it, at a level appropriate for them. This might involve an analogy (e.g. comparing AI to a diligent assistant) to make it relatable.
Reaffirm Confidentiality and Security Measures: A common client concern is confidentiality – who or what sees their information. When disclosing AI usage, explain how you will protect their data. For example, clarify if the AI tool is an internal, secure system versus a public platform, and note any steps taken to prevent exposure of sensitive details. If the client’s information will not be input into any AI (perhaps you’re using AI only to draft based on general knowledge), you can reassure them of that too. Being upfront about data security is essential for maintaining trust. Many law firms address this by using vetted, secure AI platforms, built with the legal profession at its focus, and telling clients about these precautions. When clients hear that you’ve done due diligence on the AI’s privacy terms and have consulted IT/security experts as needed, they’ll be more comfortable with its use.
In all communications, the tone should be transparent, confident, and client-centric. Make it a two-way conversation: invite the client’s questions or concerns about AI. Clients will appreciate the openness. By proactively discussing AI use, you prevent misunderstandings. Notably, you avoid a scenario where a client might later discover AI was used (say, through a court-required disclosure on a filing) and feel surprised or misled. As one legal tech commentary noted, informing the client early ensures they’re not caught off-guard by seeing an AI disclosure certificate or learning second-hand about your tech tools. In sum, transparency builds trust – when done properly, disclosing AI usage can reinforce the client’s confidence that you are both innovative and conscientious in handling their case.
Finally, here are some simple best practices on when and how to disclose the use of AI in legal services, drawn from the above insights and expert commentary:
Transparent and thoughtful disclosure of AI use is both an ethical imperative and a strategic advantage for modern law practice. By adhering to the guidelines of bar associations and carefully communicating with clients, lawyers can integrate AI into their services without diminishing client trust. The key is to be proactive, clear, and client-focused: tell clients what tools you’re using for their benefit, secure their consent when needed, and always reinforce that your professional judgment guides every outcome. Done right, disclosing AI use can enhance your credibility – clients will see you as honest, up-to-date, and committed to delivering the best possible representation with all available resources.
