Artificial Intelligence Policy

1. Introduction

Artificial intelligence, and generative AI in particular, is one of the fastest-changing areas of legal technology and legal practice today. The tools available, the risks they present and the guidance issued by the California State Bar and other regulators are all likely to keep changing over the coming months and years. This Policy describes Encore Law Group PC's current approach to AI. We review and update it periodically to reflect developments in the technology and the law, and we encourage clients and website visitors to check back from time to time or to contact us directly with questions.

2. What We Mean by "AI"

When we refer to artificial intelligence or "AI" in this Policy, we mean computer systems designed to perform tasks that would ordinarily require human intelligence, including generative AI tools that create text, analysis or other content in response to a prompt (tools such as ChatGPT, Claude, Gemini and similar products, as well as AI features built into legal research and practice management software). This is different from older, familiar technologies such as spell-check or basic document search.

3. How We Use AI

We use AI selectively and under attorney supervision, consistent with the duties of competence, confidentiality and candor set out in the California Rules of Professional Conduct and the State Bar of California's Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law. Some of the software we rely on for ordinary office functions, such as document management, legal research and practice management platforms, incorporates AI as part of its normal operation. Separately, our attorneys may use generative AI tools on a matter-specific basis to assist with tasks such as research, drafting or document review.

In every case, a licensed attorney remains responsible for reviewing, verifying and exercising independent professional judgment over any AI-assisted work before it is relied upon, sent to a client, filed with a court or communicated to opposing counsel. We do not permit an AI system, agentic or otherwise, to make substantive legal determinations, communicate legal advice, prepare or file documents or otherwise act on a client's behalf without meaningful attorney review.

4. Confidentiality of Client Information

Protecting client confidences is a duty we take seriously with or without AI involved. Before we use any AI tool on firm or client matters, we consider how the tool collects, stores and uses submitted information, whether it retains or trains on that content and the vendor's data security practices. We do not use free or consumer-tier AI tools for client work, and we take reasonable steps to avoid submitting confidential client information to any AI platform that lacks adequate confidentiality and security protections.

This is a rapidly changing area, both technologically and legally. Pending California legislation (SB 574) would, if enacted, make some of these confidentiality obligations a matter of statute rather than only professional guidance. We monitor developments like this one and adjust our practices as needed.

5. A Note on Your Own Use of AI and Attorney-Client Privilege

We want to flag a risk that many clients do not anticipate: using an AI chatbot to discuss your legal matter, including asking an AI platform to review, explain or "double check" advice we have given you, can put your attorney-client privilege and work-product protection at risk.

Attorney-client privilege generally protects confidential communications between you and your attorney made for the purpose of obtaining legal advice. That protection can be lost, in whole or in part, if the substance of a privileged communication is shared with a third party. Under current law, a generative AI platform is generally treated as a third-party service rather than as your attorney or your attorney's agent. Sharing privileged communications, strategy or case documents with an AI platform, even out of curiosity or convenience, carries a real risk of waiving privilege as to that information and potentially as to related subject matter, even for a brief or informal exchange and even if a waiver is not what you intended.

The law in this area is still developing and courts have not resolved every question it raises. Until it does, we recommend treating any AI platform the way you would treat a stranger: do not share with it anything you would not want disclosed to the other side in a dispute. If you have questions about something you read, heard or were told by an AI tool, please bring it to us directly. We would rather answer the question than have you risk your own protections trying to answer it yourself.

6. Working With AI-Generated Material You Bring Us

Many clients now arrive with AI-generated research, draft language or explanations, and we are glad to discuss it with you. We would only note, based on our experience so far, that AI-generated material about your specific situation is not a substitute for legal advice, and unverified AI output sometimes takes more of our time to review, correct and reconcile with the facts of your matter than it saves. Please treat AI output as a starting point for a conversation with us rather than a finished answer. The judgment, verification and accountability we provide are precisely what an AI tool cannot offer.

7. Billing for AI-Assisted Work

Unless otherwise agreed to, our fees reflect the time our attorneys and staff spend on your matter. Where AI tools reduce the time a task takes, that efficiency is reflected in our billing. General-purpose AI subscriptions we use for ordinary office functions are treated as overhead and are not billed separately. Where a matter requires a specialized or matter-specific AI tool with its own cost, we disclose that cost to you in advance.

8. Your Questions

You may ask, at any time, whether and how AI was used in connection with your matter, and we will answer accurately and directly. If you would prefer that we not use AI tools on your matter, or that we limit their use to specific tasks, let us know and we will accommodate that request to the extent consistent with our professional obligations.

9. Changes to This Policy

Because AI technology, professional guidance and the law governing its use are all evolving quickly, we expect to revise this Policy from time to time. The version and effective date above reflect the most recent revision.