By Julie Bays, OBA Management Assistance Program Director

I’ve been thinking a lot about AI policies lately, prompted by a question I saw on a listserv I follow. Someone asked what AI tools law firms are actually using right now. The responses surprised me. Not because lawyers were not using AI, but because so many of them were. Even more interesting, several replies mentioned that staff members were already using AI in daily tasks such as drafting, summarizing emails, organizing documents, and assisting with intake.

That exchange was a good reminder of something I see more often in practice management conversations. Whether or not firm leadership has formally approved AI tools, AI is already finding its way into everyday workflows. Lawyers and staff are experimenting, often with the best intentions and a focus on efficiency, but sometimes without clear guidance on confidentiality, accuracy, or appropriate use. That makes AI not just a technology issue, but a procedural one. It is also an issue firms need to address directly.

This is why I appreciated a recent article from Catherine Reach with the North Carolina Bar Association titled, “Beyond the Ban: Why Your Law Firm Needs a Realistic AI Policy in 2026.” Instead of arguing for an outright ban, which is becoming increasingly unrealistic, the article makes a practical case for developing policies that reflect how AI is actually being used in law offices today. The focus is not on stopping innovation, but on managing it responsibly by protecting client information, setting expectations for staff, and helping lawyers use these tools competently and ethically.

You do not need a lengthy policy or a firmwide shutdown of new tools to get started. It is, however, worth pausing to ask a few practical questions. Are lawyers and staff already using AI? Do they understand what types of information should never be entered into these tools? Is there shared guidance on review, supervision, and appropriate use? Even a short internal discussion or a simple written guideline can help ensure that AI use aligns with your firm’s ethical obligations and daily procedures. Ignoring the issue will not make it disappear but addressing it thoughtfully can help your firm use these tools with confidence rather than concern.