1. Purpose and Scope
This policy sets forth how Lerner David LLP (“the Firm” or “we”) may use artificial intelligence (“AI”) tools, and in particular, generative artificial intelligence (“GAI”) tools in support of providing legal services, consistent with our duties under the Rules of Professional Conduct, ABA Formal Opinion 512, and the USPTO's Guidance on Use of Artificial Intelligence-Based Tools (89 Fed. Reg. 25609).
2. Attorney Supervision and Professional Responsibility
GAI is a tool to augment, not replace, professional legal judgment. A licensed attorney or agent remains fully responsible for all work product, advice, and filings. All GAI-generated output is subject to review and independent verification by a qualified attorney or agent. No GAI-generated output will be relied upon in any way without such review and independent verification.
The Firm maintains rigorous supervisory oversight of our employees to ensure compliance with ethical standards and to prevent malpractice. To support this commitment, we have established a dedicated AI committee in the Firm and provide regular, ongoing training to all attorneys, agents, and legal staff.
3. Confidentiality, Data Security, and Intellectual Property
Protecting our clients’ confidential information and intellectual property is our highest priority. The Firm commits to the following safeguards:
- Vetted Tools Only: We will use enterprise-grade AI tools that are subject to strict contractual confidentiality and data security obligations consistent with our duties under Rule 1.6 of the applicable Rules of Professional Conduct and, for practice before the USPTO, 37 C.F.R. § 11.106. We strictly prohibit the use of public or consumer-grade GAI tools for client work product.
- No Training on Client Data: We will contractually obligate AI vendors to not use our clients’ confidential information and intellectual property to train such AI vendors’ public or internal AI models.
- IP Ownership: Our clients retain full ownership of their confidential information and intellectual property. No part of this policy transfers any rights in our clients' confidential information and intellectual property to the Firm or any AI vendor.
- National Security & Export Controls: For matters involving export-controlled technology (ITAR/EAR) or sensitive information that implicates national security, we will only use AI tools and configurations that we reasonably believe will not result in disclosure inconsistent with applicable U.S. law. We ask that our clients identify any such material to us at the outset of the matter so that we can apply these heightened controls.
- Cross-Border Data Protection: For matters involving international data, we will use commercially reasonable efforts to ensure transfer mechanisms meeting applicable legal requirements (e.g., Standard Contractual Clauses) are in place before any cross-border transfer of our clients' data to an AI provider.
4. Billing and Fees
While our use of AI is largely intended to improve work-product, it may in some instances create efficiency. The Firm absorbs the general subscription costs of its standard AI tools. If a matter requires a specialized, per-use AI tool, we will disclose that discrete cost and obtain written agreement in advance to accept the cost of such AI tool before incurring the charge.
5. Client Rights: The Right to Restrict, Inquire, and Withdraw
Our clients have:
- The Right to Restrict: You may approve or deny any specific use case of GAI.
- The Right to Withdraw Consent: You may withdraw your consent for any or all uses of GAI at any time by providing written notice to us. Withdrawal will be effective going forward, and you understand that withdrawal may affect the efficiency, timing, and costs involved with work going forward.
- The Right to Inquire: You may ask us at any time for information regarding the specific GAI tools being used on your matters and the safeguards in place for our use of such GAI tools.