Where AI helps a small law firm, and where a lawyer still has to sign the work
Short answer: AI helps small law firms most with first drafts, document summaries, intake and routine correspondence. It can't take responsibility. Under ABA Formal Opinion 512, lawyers still owe competence, confidentiality, client communication, supervision and reasonable fees, and every citation has to be checked by a person before anything is filed or sent.
Small law firms have a reputation for being slow to adopt technology. When it comes to AI, that reputation's out of date.
Clio's 2025 Legal Trends Report found that 79% of legal professionals use AI in their firms. Large firms led at 87%, but 71% of solo firms reported using AI too (summary via 2Civility). So the question isn't whether your firm will use it. It's how.
Where does AI actually help a small law firm?
The American Bar Association's Formal Opinion 512, issued July 29, 2024, lists the kinds of tasks generative AI may assist with: legal research, contract review, due diligence, document review, regulatory compliance and drafting letters, contracts, briefs and other documents.
For a small firm, the everyday wins tend to be:
- First drafts of letters, routine motions and contract sections that a lawyer then rewrites.
- Summaries of depositions, medical records, long contracts and email chains.
- Intake and scheduling help, so staff spend less time on repeat questions.
- Client communication in plain English, after the legal analysis is done.
Clio found that among legal professionals using AI, 65% said it improved the quality of their work and 63% said it improved client responsiveness.
Where does a lawyer still have to sign the work?
Everywhere it counts. Opinion 512 makes the point that using AI doesn't change a lawyer's core duties. It walks through competence, confidentiality, communication with clients, supervision of staff and vendors, meritorious claims, candor toward the tribunal and reasonable fees.
The cautionary tale everyone knows is Mata v. Avianca. In June 2023, a federal judge in New York sanctioned two lawyers and their firm for filing a brief with fake case citations generated by ChatGPT, and ordered a $5,000 penalty (Opinion and Order on Sanctions; Reuters). The tool didn't sign the brief. The lawyers did.
Check every citation yourself. Every time.
What does ABA Formal Opinion 512 require on confidentiality?
Before entering information relating to a representation into an AI tool, the opinion says lawyers need to think through the risk that the information could be disclosed or accessed by others. Self-learning tools that may use inputs for other purposes get extra attention. In some situations, the opinion says the client's informed consent is needed first.
Practically, that means knowing what your tool does with what you type. Read the terms, choose business tiers that don't train on your inputs and keep a short list of what never goes in.
Do you have to tell clients you're using AI?
Sometimes. Opinion 512 says it depends on the facts, such as whether the client asks, whether AI use affects the fee or whether the client's information goes into a tool in a way that calls for consent. Your state bar may have its own guidance too, so check it.
How should a small firm bill for AI-assisted work?
Honestly. The opinion's fee section says lawyers billing hourly should bill for the time actually spent, not the time it would have taken without AI. Learning a general tool is typically the lawyer's overhead, not a client charge. Flat fees are a natural fit when AI makes routine work faster.
Generic AI or legal-specific AI?
Clio found something interesting here: only 40% of legal professionals were using a legal-specific AI solution in 2025, down from 58% in 2024, as more people turned to general tools. General tools are cheap and easy, but legal-specific tools are often built with legal research sources and stronger privacy terms. For research and anything filed with a court, that difference matters. For tool choices in general, see how to pick an AI tool for a small firm.
What's a sensible first step for a small firm?
- Write a one-page AI policy: approved tools, a never-share list and a citation-check rule.
- Name who supervises AI use by paralegals and staff. Opinion 512 covers supervision too.
- Start with summaries and internal drafts before anything client-facing.
- Read your state bar's AI guidance alongside Opinion 512.
What about the firm's own work product?
Over years, a firm builds up its own templates, forms, research memos and procedures. Some firm-owned work product may qualify for licensing after a careful review that protects client confidences and privilege. Client files and anything a client agreement restricts are a different story. I explain the general lines in which business records may qualify for a license. For how other professions are handling AI, see what AI is actually doing inside small firms in 2026.
Frequently asked questions
Can small law firms use AI ethically?
Yes. ABA Formal Opinion 512 says lawyers may use generative AI if they keep meeting their duties of competence, confidentiality, client communication, supervision, candor and reasonable fees.
What happened in Mata v. Avianca?
In June 2023, a federal judge in New York sanctioned two lawyers and their firm $5,000 for filing a brief with fake case citations generated by ChatGPT.
Do lawyers have to tell clients they use AI?
Sometimes. Opinion 512 says it depends on the facts, such as whether the client asks, how fees are affected and whether client information goes into a tool in a way that requires informed consent.
How many lawyers use AI?
Clio's 2025 Legal Trends Report found 79% of legal professionals use AI in their firms, including 71% of solo firms.
Sources
- American Bar Association, Formal Opinion 512: Generative Artificial Intelligence Tools (PDF, July 29, 2024)
- Mata v. Avianca, Inc., Opinion and Order on Sanctions (S.D.N.Y., June 22, 2023) (PDF)
- Reuters, "New York lawyers sanctioned for using fake ChatGPT cases in legal brief" (June 22, 2023)
- Clio, 2025 Legal Trends Report (PDF)
- 2Civility, "2025 Clio Legal Trends Report Outlines Firms' Tech and AI Use"
