October is Cybersecurity Awareness Month, and this is part four of our five things every law firm should know to better protect its people, clients, systems, and data.
Law firms are using artificial intelligence more often, and that trend is not likely to slow down.
AI can help with writing, brainstorming, summarizing information, research, internal communications, and a growing list of everyday tasks. Used appropriately, it can save time and improve productivity.
But every law firm needs to answer one important question before AI use becomes routine:
What information are employees allowed to put into an AI system?
Without clear guidance, employees may make that decision on their own each time they use a tool. That creates unnecessary risk, especially when client information or confidential business data is involved.
Not Every AI Task Carries the Same Risk
There is a major difference between asking an AI tool to rewrite a generic email and pasting a confidential client document into that same system.
Imagine an employee thinks:
“I’ll just paste this document into AI and ask it to summarize it.”
Before doing that, the employee should stop and consider what the document actually contains.
Sensitive Information May Include:
- Client names or identifying details
- Financial information
- Medical information
- Confidential business information
- Settlement details
- Information from an active legal matter
- Personally identifiable information
- Internal firm information that is not intended for public disclosure
A document does not have to be marked “confidential” to contain information that deserves additional protection.
The problem is that employees should not have to analyze these risks from scratch every time they want to use AI.
Every Law Firm Should Have a Basic AI Policy
A clear AI policy can give employees practical rules they can follow before entering information into an AI platform.
The policy does not need to be complicated, but it should answer some basic questions.
Your AI Policy Should Address:
- Which AI tools are approved for firm use?
- Which employees are permitted to use them?
- What types of information may be entered?
- What types of information are prohibited?
- Can confidential client information ever be used?
- Should identifying details be removed before information is entered?
- Who should employees ask when they are unsure?
Giving employees specific guidance is much safer than relying on everyone to make an individual judgment call.
An Approved AI Tool Does Not Mean Everything Is Approved
One important distinction for law firms is the difference between approving an AI platform and approving every possible use of that platform.
Your firm may decide that a particular AI system is acceptable for certain business purposes. That does not necessarily mean employees should upload confidential documents, client records, medical information, financial data, or other sensitive material into it.
Approval of the tool should not automatically equal approval of the data.
Employees still need to understand what information may be used and under what circumstances.
Remove Sensitive Information Whenever Possible
One practical way to reduce risk is to remove unnecessary identifying information before using AI.
For example, an employee who wants help improving the wording of a generic client communication may not need to include the client’s name, case number, financial information, or specific facts about the matter.
Instead, the employee may be able to describe the situation in general terms and still receive a useful response.
Ask Whether the AI Really Needs That Detail
Before entering information into an AI system, employees can ask themselves a simple question:
Does the AI actually need this information to complete the task?
If the answer is no, leave it out.
The less sensitive information that is entered unnecessarily, the lower the potential exposure.
Productivity Should Not Come at the Expense of Confidentiality
AI can absolutely make law firms more efficient.
The goal should not be to prevent employees from using useful technology. It should be to establish boundaries so employees understand how to use it responsibly.
Clear expectations can also make employees more comfortable using approved tools because they do not have to guess where the line is.
Cybersecurity Awareness Month is a good opportunity to bring this topic into your next staff meeting and ask:
Does everyone in our firm know what they are — and are not — allowed to put into AI?
If the answer is unclear, now is a good time to establish the rules.
Next in Our Cybersecurity Awareness Month Series
Even strong policies and security practices cannot eliminate every possible risk.
In the final part of our series, we’ll look at the cybersecurity topic nobody likes to think about: what your law firm should do when something still goes wrong.