AI Disclosures: Wording, Liability & Litigation Risks

This session examines when and how attorneys must disclose AI usage to clients and courts, covering engagement letters, supervision of staff, and confidentiality risks. Participants will explore malpractice exposure, billing considerations when AI transforms attorney work, and core ethical obligations including competence, supervision, and communication. Sample disclosure templates and customizable clauses will be reviewed to help firms develop compliant AI policies.

A brief intermission allowing participants to refresh before the second session. Use this time to review notes and prepare questions for the upcoming litigation-focused discussion.

This session addresses the critical risks of AI hallucinations in legal practice, including fabricated citations and verification strategies to prevent court sanctions. Participants will examine landmark cases like Mata and McGee where attorneys faced severe consequences for AI-generated errors. The discussion concludes with workflow best practices, evidentiary considerations, and guidance for developing litigation-specific AI policies within law firms.