Bloomberg Law Recaps Panels from Hinshaw's 2025 Legal Malpractice and Risk Management (LMRM) Conference

Several panels at the recently concluded Legal Malpractice and Risk Management (LMRM) Conference were the subjects of media coverage by Bloomberg Law.

"We Were Promised Jetpacks"

In the first conference report titled "AI Use by Lawyers Requires Vigilance," reporter Helen Gunnarsson reviewed the panel "We Were Promised Jetpacks," which featured Hinshaw partner Barry MacEntee as the moderator.

Gunnarsson quoted MacEntee as addressing the audience, saying if you think your firm's lawyers are not using generative artificial intelligence (GenAI), "you're not in touch with reality," adding that "the first results are from GenAI" each time you search the internet.

The panelists addressed the latest guidance from bar associations and state supreme courts that have clarified lawyers' ethical responsibilities regarding competence (Rule 1.1), client communication (Rules 1.2 and 1.4), confidentiality (Rule 1.6), and supervision (Rule 5.1) in the context of utilizing artificial intelligence tools.

MacEntee pointed out that GenAI is "no different from any other technological innovation" in relation to the rules of professional conduct. To ensure compliance, he emphasized the importance of partners, managers, and supervisory lawyers, including firm general counsels, engaging in discussions with young lawyers about how they use GenAI. He warned, "If they think it's a dirty word, they are going to conceal it from you," making proper supervision impossible.

Although GenAI can be particularly "ill-suited" to perform some tasks requiring human judgment, MacEntee said that AI "can meaningfully improve your practice." For instance, he explained how AI has "exponentially improved" search results and has helped lawyers overcome the "blank page problem" by generating case chronologies and bullet points efficiently. AI also provides quick summaries of lengthy documents, which is especially valuable for urgent tasks. Panelists encouraged lawyers to explore their firms' AI tools, even if unbillable, to harness these benefits.

Lastly, the panelists discussed the significance of a challenge to a Minnesota law banning the dissemination of "deepfakes" intended to harm political candidates or influence elections. The court denied a motion to amend a declaration from a Stanford professor on deepfake risks, criticizing the Minnesota attorney general's lawyers for failing to ensure the accuracy and legal soundness of their submissions. MacEntee noted that this case reflects a "worrying trend" of courts becoming "less tolerant and more draconian" when they discover that lawyers have submitted careless and unverified documents, especially those generated with AI assistance.

"What's Keeping General Counsel Awake at Night?"

In the second conference report, "Law Firm GCs Have Plenty to Worry About," Gunnarsson reviewed the panel "What's Keeping General Counsel Awake at Night?" The panel consisted of Janis Meyer from Clyde & Co. LLP and three law firm general counsel members: Christopher Farella, Jonathan Margolies, and Edward Reich.

The panelists discussed a range of key issues faced by law firm general counsel, including document management, supervising remote lawyers, and preserving privilege in a sharing culture. They explored the impact of communication methods like texting and addressed handling inappropriate relationships, such as a partner's involvement with a judge. The discussion aimed to offer insights and strategies for managing these critical concerns.

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Media Coverage

• Bloomberg Law: "CONFERENCE REPORT: AI Use by Lawyers Requires Vigilance" (March 12, 2025)
• Bloomberg Law: "CONFERENCE REPORT: Law Firm GCs Have Plenty to Worry About" (March 12, 2025)