ABA Model Rule 1.1 requires technological competence. Comment 8 specifically mandates that lawyers understand "the benefits and risks associated with relevant technology." Verification sits at the heart of this competence requirement. Attorneys cannot claim ignorance about AI features embedded in Microsoft 365, Zoom, Adobe, or legal research platforms. Each tool processes client data differently. Each requires verification of settings, outputs, and data handling practices. 🛡️
The verification duty also applies to cybersecurity. Zero Trust Architecture operates on the principle "never trust, always verify." This security model requires continuous verification of user identity, device health, and access context. Law firms can no longer trust that users inside their network perimeter are authorized. Remote work and cloud-based systems demand constant verification.
Hidden AI poses another verification challenge. Software updates automatically activate AI features in familiar tools. These invisible assistants process confidential client data by default. Lawyers must verify which AI systems operate in their technology stack. They must verify data retention policies. They must verify that AI processing does not waive attorney-client privilege. 🤖
ABA Formal Opinion 512 eliminates the "I didn't know" defense. Lawyers bear responsibility for understanding how their tools use AI. Rule 5.3 requires attorneys to supervise software with the same care they supervise human staff members. Verification transforms from a good practice into an ethical mandate.
