This article was originally published in the Dallas Bar Association Headnotes in September 2026. Reach out to us to learn more about this topic.
Artificial intelligence is no longer a futuristic concept—it has become another tool in the modern law office. Whether you’re summarizing financial records, organizing discovery, drafting correspondence, transcribing meetings, or analyzing large volumes of documents, AI can significantly improve efficiency and client service.
The ethical question is no longer whether lawyers should use AI. It is whether we are using it competently and responsibly.
Our duties of competence, confidentiality, and communication remain the same regardless of whether work is performed by a paralegal, a cloud-based software platform, or an AI assistant. Like any vendor that handles confidential client information, AI providers deserve careful due diligence before they become part of your practice.
The Heppner Decision: Don’t Panic—Learn from It
Recent headlines about United States v. Heppner have led some attorneys to believe that using AI automatically destroys attorney-client privilege. That is not what the court held.
In Heppner, a represented criminal defendant independently uploaded confidential information into a public AI chatbot outside the direction of counsel. The court concluded that those communications were not protected by attorney-client privilege or the work-product doctrine because they were voluntarily shared with a third party (the platform) that was not an attorney nor acting as an agent of the attorney, counsel did not direct such use, and the platform reserved the right to disclose the data to third parties and train AI tools.
The lesson for family lawyers is not “don’t use AI.” The lesson is to use AI thoughtfully.
When attorneys carefully select secure AI platforms, understand how client information is handled, supervise the technology, and maintain appropriate confidentiality safeguards. The analysis is very different from a client independently sharing confidential information with a public chatbot.
AI Is More Than ChatGPT
When most attorneys think of AI, they think of ChatGPT, Claude, Gemini, or Copilot. In reality, AI is already integrated into many products lawyers use every day.
AI powers document comparison software, OCR technology, deposition summaries, voicemail transcription, contract analysis, legal research tools, client intake systems, scheduling assistants, billing software, and document management platforms.
Rather than asking whether a product “uses AI,” attorneys should ask whether the product protects confidential information in a manner consistent with our professional obligations.
An AI Due Diligence Checklist
Before incorporating any AI platform into your practice, consider creating a vendor review process. At a minimum, ask whether the vendor provides:
Security
✔ SOC 2 Type II certification
✔ Encryption of data in transit
✔ Encryption of data at rest
✔ Regular independent penetration testing
Privacy
✔ Customer data remains separate from other customers
✔ Client information is not used to train public AI models without consent
✔ A clear data retention and deletion policy
✔ HIPAA safeguards or a Business Associate Agreement if protected health information will be processed
Governance
✔ Attorney review of all AI-generated work product
✔ Internal policies governing appropriate AI use
✔ Staff training on confidentiality and responsible AI practices
✔ Clear documentation of the firm’s vendor evaluation process
Let AI Help You Evaluate AI
Ironically, AI can help perform your due diligence.
Most reputable vendors publish their Privacy Policy, Security Statement, Trust Center, or Compliance documentation online. Rather than reading dozens of pages of technical language yourself, upload those documents into your preferred AI assistant and ask it to analyze them.
For example, you can use a prompt like:
“Review these documents and determine whether this platform satisfies the following requirements: SOC 2 Type II, encryption at rest, encryption in transit, customer data isolation, no public model training, penetration testing, data retention and deletion, and HIPAA safeguards. Quote the language supporting each conclusion and identify any unanswered questions.”
The AI can quickly summarize the documents but remember that the attorney—not the AI—is ultimately responsible for making the decision.
Consider Updating Your Engagement Agreement
As AI becomes a routine part of legal practice, firms may also consider disclosing its use in their engagement agreements.
A simple provision explaining that the firm uses secure AI-assisted technologies to improve efficiency, while maintaining attorney supervision and protecting confidential information, promotes transparency and demonstrates that the firm has thoughtfully addressed its ethical obligations.
Final Thoughts
Technology has always changed how lawyers practice. Email replaced fax machines. Cloud storage replaced file rooms. Electronic filing replaced courthouse trips.
AI is simply the next evolution.
The attorneys who thrive won’t necessarily be those who use the most AI—they’ll be the ones who use it responsibly. By performing meaningful due diligence, documenting your vendor review process, and maintaining attorney oversight, you can embrace innovation while continuing to fulfill your professional duties to every client.