In the fourth episode of Season 9 of "Notes to My (Legal) Self," Jeff Cunningham discusses the intersection of AI, ethics, and risk management within law firms. He emphasizes that many lawyers hoard information unnecessarily, which poses risks and costs. Law firms generally fall into three categories regarding AI: those that ban it, those that embrace it, and the indifferent majority. Cunningham advocates for formulating a clear AI policy that provides guidelines for responsible use while also promoting a concise document retention policy. This balanced approach helps firms navigate the complexities and risks associated with AI use.
Lawyers hoard information, comparing this tendency to the way many of us amass digital photos we'll never review. The problem with hoarding isn't just storage costs - it's the potential risk of retaining data you no longer need.
Banning AI might seem like a way to avoid risk, but it is both impractical and shortsighted. Banning it outright doesn't prevent its use - it just drives it underground.
Instead, a middle-ground approach is essential; crafting an AI policy that provides clear guidelines while empowering lawyers to use AI responsibly is the way forward.
Clear retention policies are crucial. You can't lose what you don't have. Focus on safeguarding what's essential, and dispose of unnecessary data.
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