Source: Missouri Lawyers Media

Experts say a future legal-malpractice landscape may include claims that an attorney breached the standard of care by failing to use available AI tools, though no clear standard exists today. Boston attorney Christopher E. Hart, who practices in data protection, cybersecurity and artificial intelligence, notes that while some cases involve misuse of AI, he is unaware of malpractice suits alleging failure to use AI because the profession has not yet defined an appropriate standard of care. Hart predicts that as lawyers gain experience with AI platforms and their capabilities, expectations may shift toward requiring relevant technology in practice.

Cyber law attorney Brian J. Lamoureux compares AI adoption to earlier technology shifts such as email and online research but characterizes AI as higher risk and says reports of misuse have created an “atmosphere of reluctance” that slows uptake. Lamoureux cautions that plaintiffs would face difficulty proving causation — showing that use of a specific AI prompt at a particular time would have produced a different outcome — because AI systems are often “black boxed.” Virginia attorney Eileen Garczynski, an advisor to the American Bar Association’s Standing Committee on Lawyers’ Professional Liability, says insurers are seeing a “huge uptick” in AI-related claims involving use or misuse, but she and others report no cases yet asserting harm from not using AI; there are guardrails for misuse but no settled rule on appropriate use.