By Cary Bradford, Founder & CEO, Ergon Consulting, LLC
Updated for 2026
Artificial intelligence has quickly become one of the most transformative technologies available to law firms. Attorneys are using AI to draft correspondence, summarize documents, organize research, prepare meeting notes, and improve productivity in ways that seemed impossible only a few years ago.
But every time I meet with a managing partner or firm administrator to discuss AI, I ask the same question:
"Do you have an AI policy?"
More often than not, the answer is no.
That surprises many people because most firms have acceptable use policies, cybersecurity policies, password policies, and document retention procedures. Yet they are allowing employees to use one of the most powerful technologies ever introduced into the workplace without any formal guidance.
After working in information technology since 2002, I've learned that successful technology adoption isn't about buying software. It's about creating clear expectations before employees begin using it.
An AI policy isn't designed to discourage innovation. Quite the opposite. It gives your team the confidence to embrace AI while protecting client confidentiality, maintaining professional responsibility, and reducing unnecessary risk.
If your law firm is considering Microsoft Copilot, ChatGPT, or any other AI platform, creating an AI policy should be your first step—not your last.
Why Every Law Firm Needs an AI Policy
Attorneys have always been responsible for protecting confidential information.
That responsibility doesn't change simply because artificial intelligence enters the workplace.
Without clear guidance, employees may unknowingly:
- Paste confidential client information into public AI tools.
- Rely on AI-generated content without proper review.
- Use unapproved AI applications that lack enterprise security.
- Share sensitive documents outside approved systems.
- Assume AI-generated legal content is always accurate.
None of these situations necessarily result from bad intentions.
They result from uncertainty.
A written AI policy removes that uncertainty by establishing consistent expectations across the firm.
It answers questions before they become problems.
AI Is a Business Tool—Not a Replacement for Professional Judgment
One misconception surrounding artificial intelligence is that it somehow replaces expertise.
It doesn't.
AI excels at accelerating repetitive tasks. It can summarize information, generate first drafts, organize ideas, and automate administrative work.
It cannot replace legal reasoning, ethical judgment, client relationships, or an attorney's professional responsibility.
Every AI policy should reinforce one simple principle:
AI may assist attorneys, but attorneys remain responsible for every work product delivered to clients.
That mindset helps establish appropriate expectations from the beginning.
The Seven Components Every AI Policy Should Include
Rather than creating an overly complex document, I recommend focusing on seven core areas.
These provide a practical framework that most law firms can adapt to their own operations.
1. Approved AI Platforms
Employees should know exactly which AI applications are authorized.
For example, your policy might specify that the firm approves:
- Microsoft Copilot
- ChatGPT Enterprise
- Microsoft 365 Copilot Chat
- Other firm-approved AI applications
It should also explain that consumer AI tools or personal accounts may not be used for firm business unless specifically authorized.
Removing ambiguity is one of the simplest ways to improve security.
2. Confidential Information Rules
This is arguably the most important section of the policy.
Employees should clearly understand what information may never be submitted to an AI platform without appropriate safeguards.
Examples include:
- Client names
- Litigation strategy
- Financial records
- Medical information
- Personally identifiable information (PII)
- Privileged communications
- Contracts that have not been approved for AI processing
If your firm uses enterprise AI platforms with contractual privacy protections and appropriate controls, document those approved use cases as well.
The objective isn't to prohibit AI.
It's to ensure confidential information remains protected.
3. Human Review Requirements
AI is remarkably capable.
It's also capable of making mistakes.
Hallucinations, outdated information, inaccurate citations, and misleading summaries remain possible.
Every AI-generated document should receive appropriate human review before it is:
- Sent to clients
- Filed with a court
- Included in legal advice
- Published externally
- Used in official firm communications
AI should accelerate drafting—not replace professional review.
4. Acceptable Use Guidelines
Employees often ask what they can actually use AI for.
Providing examples helps encourage responsible adoption.
Appropriate uses may include:
| Appropriate Uses | Requires Additional Review |
|---|---|
| Drafting internal emails | Legal advice |
| Meeting summaries | Client communications |
| Marketing content | Court filings |
| Research assistance | Contracts |
| Brainstorming | Legal opinions |
| Administrative tasks | Confidential case analysis |
A practical policy encourages employees to use AI where it creates value while identifying situations that require additional oversight.
5. Security Requirements
Your AI policy should align with your existing cybersecurity program.
That includes requirements such as:
- Multi-Factor Authentication (MFA)
- Microsoft 365 security controls
- Device encryption
- Password management
- Approved business accounts
- Access controls
- Data Loss Prevention (DLP)
- Audit logging
AI should strengthen productivity—not weaken your security posture.
6. Employee Training
Policies alone aren't enough.
Employees need training to understand:
- How approved AI platforms work.
- What information should never be entered into AI.
- How to recognize inaccurate AI output.
- How to verify facts and citations.
- Firm expectations regarding confidentiality.
Technology changes quickly.
Training should evolve with it.
7. Governance and Oversight
Someone within the firm should be responsible for overseeing AI adoption.
Depending on your organization, that responsibility may belong to:
- Managing Partners
- Firm Administrator
- IT Director
- Technology Committee
- Virtual CIO (vCIO)
- Managed IT Provider
Governance ensures new AI tools are evaluated before deployment rather than appearing throughout the organization without oversight.
Common AI Policy Mistakes
Over the past two decades, I've found that organizations often make the same technology mistakes regardless of the technology involved.
AI is no exception.
Some of the most common mistakes include:
- Waiting until after employees begin using AI.
- Creating policies that prohibit all AI rather than managing risk.
- Ignoring employee training.
- Failing to review AI-generated content.
- Allowing personal AI accounts for business work.
- Assuming every AI platform offers the same security protections.
- Never updating the policy as technology evolves.
An AI policy should be considered a living document.
As new tools emerge, your policy should evolve with them.
Start Small and Improve Over Time
One concern I occasionally hear is that creating an AI policy feels overwhelming.
It doesn't have to be.
Your first version doesn't need to anticipate every future technology.
It simply needs to establish reasonable expectations today.
As your firm gains experience with AI, you'll naturally refine your policies, workflows, and governance.
Progress is more valuable than perfection.
How Ergon Consulting Helps Law Firms Build AI Governance
At Ergon Consulting, LLC, we help law firms move beyond experimenting with AI and begin implementing it strategically.
Our AI consulting services include:
- AI Readiness Assessments
- AI Governance Planning
- AI Policy Development
- Microsoft Copilot Implementation
- Microsoft 365 Security Reviews
- Cybersecurity Risk Assessments
- Employee AI Training
- Virtual CIO (vCIO) Services
Our goal is simple.
Help firms embrace artificial intelligence confidently while protecting client confidentiality, maintaining compliance, and improving productivity.
Frequently Asked Questions
Does every law firm need an AI policy?
Yes. Any firm allowing employees to use AI should establish written expectations regarding confidentiality, approved tools, human review, and acceptable use.
Should AI-generated legal work always be reviewed?
Absolutely. AI can accelerate drafting and research, but attorneys remain responsible for verifying accuracy, legal analysis, citations, and professional judgment.
Can employees use free AI tools?
Your policy should define which AI platforms are approved. Many firms choose enterprise AI solutions because they offer stronger administrative controls and privacy protections.
How often should an AI policy be updated?
Review it at least annually—or sooner whenever your firm adopts new AI technologies or significant regulatory changes occur.
Final Thoughts
Artificial intelligence isn't something law firms can simply ignore.
Attorneys are already using it. Staff members are already experimenting with it. Clients are beginning to expect firms to work more efficiently because of it.
The firms that will benefit most aren't the ones that rush into AI without a plan.
They're the ones that create thoughtful policies, educate their teams, secure their technology, and adopt AI in a way that strengthens client trust.
After more than twenty years helping organizations navigate technology change, I've learned that successful innovation always begins with clear expectations.
A well-written AI policy is one of the smartest investments your law firm can make before expanding its use of artificial intelligence.
About the Author
Cary Bradford is the Founder & CEO of Ergon Consulting, LLC. Since 2002, he has helped businesses strengthen cybersecurity, modernize IT operations, and adopt emerging technologies with confidence. Cary advises organizations throughout the DFW Metroplex on managed IT services, Microsoft 365, cybersecurity, and secure AI implementation, helping professional service firms build technology strategies that support long-term growth.
