Massachusetts Lawyers Weekly reports that experts foresee a future malpractice theory based not only on improper AI use, but on lawyers failing to use available AI tools where competent representation or cost efficiency demands it. The present barrier is the lack of a defined standard of care, but attorneys interviewed compare AI adoption to earlier shifts around email and online legal research. For law firms, this reframes AI governance: the risk is not simply hallucinations, confidentiality, or bad citations. Clients may increasingly expect supervised AI use to reduce fees, improve speed, and support diligence, making “no AI” a harder position to defend over time.
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