The legal profession is entering a period of transformation happening faster than anything since the Industrial Revolution. Artificial Intelligence is reshaping how we research, write, strategize, and serve clients. The firms that adapt now will gain an almost insurmountable lead. Those who lag behind may never catch up.
If you think you can sit this one out, think again. Under ABA Model Rule 1.1, Duty of Competence, lawyers must maintain the “requisite knowledge and skill” to represent clients effectively. In 2012, the ABA formally clarified that this includes understanding the benefits and risks associated with relevant technology. AI is now squarely in that category—meaning using (or ignoring) it without understanding could put you at an ethical disadvantage.
Two Sides of the Ethical Coin
As attorney, business development expert, and AI power user David Frees emphasized in our recent AI Mastermind session, AI presents a double-edged sword for today’s lawyers—one that can work powerfully for you or dangerously against you, depending on how well you understand it.
In short, your responsibility is twofold: protect your clients from AI’s risks and empower them with its benefits. Master both sides, and you’re not just keeping pace—you’re setting the standard for ethical, forward-thinking legal practice.
Avoiding Harm
You must have a working knowledge of how to use it without exposing your firm or your clients to risk. The most critical danger is breaching confidentiality by feeding sensitive information into an unsecured public AI tool. In the wrong environment, that information can be stored, repurposed, or inadvertently exposed.
To meet your ethical obligations, you must understand which platforms are truly secure for privileged data. Closed, legal-specific AI systems such as CoCounsel or enterprise-grade AI tools with contractual privacy safeguards, are designed for this purpose. Public large language models like ChatGPT, while powerful, require strict redaction protocols—or better yet, complete avoidance for sensitive client matters.
The ABA Model Rules don’t excuse a breach because “the technology was confusing.” If you use AI, you are responsible for understanding the risks and protecting your clients.
Maximizing Advantage
Just as you must avoid harming your clients, you must also ensure you’re delivering the best possible service—and in 2025, that means leveraging AI where it can add speed, accuracy, and insight. From accelerating legal research to refining case strategy to streamlining client communications, AI can help you achieve results in hours that once took days.
If your opposing counsel is using AI to prepare airtight briefs or uncover critical precedents in record time while you stick to slower, manual methods, you’re not just losing efficiency—you’re potentially disadvantaging your client. That can quickly shift from a business problem to an ethical one under the duty of competence in Model Rule 1.1. Clients have a right to expect their lawyer to use all reasonable tools—including modern AI technology—to represent them effectively.