Consumer AI vs. Enterprise AI: Why the Distinction Matters
[HITL: Explain the fundamental difference between consumer AI (ChatGPT free, Gemini free) and enterprise/API AI — data training, retention policies, BAAs. Use specific product names and policy citations.]
[HITL: Walk through a realistic scenario — an attorney pastes a client's settlement demand into free ChatGPT. What happens to that data? Where does it go? Why is that a problem under Rule 1.6?]
What Rule 1.6 Actually Requires for Technology
[HITL: Break down ABA Model Rule 1.6(c) — 'reasonable efforts to prevent inadvertent or unauthorized disclosure.' What does 'reasonable' mean in practice for AI tools? Cite the ABA Formal Opinion 477R and any state-specific guidance.]
[HITL: Discuss the duty of competence (Rule 1.1) intersection — attorneys must understand the technology they use. A lawyer who doesn't understand how an AI tool processes data can't make 'reasonable efforts' to protect it.]
The 10-Question Vendor Evaluation Checklist
Before adopting any AI tool for client-related work, run through these 10 questions. If the vendor can't answer all of them clearly, that's your signal to keep looking.
What to Ask Before Using Any AI on Client Matters
[HITL: Practical conversation guide — what to actually say to a vendor rep or when reviewing a TOS. Include red flags and green flags. Make it actionable, not theoretical.]
[HITL: Address the 'but everyone uses it' objection — just because other attorneys use a tool doesn't make it compliant. Each attorney has an independent duty.]
How Made For Law Handles PII (and Why It Matters)
[HITL: Explain MFL's zero-PII architecture — only anonymized parameters (state, county, dollar amounts, asset types) are sent to any AI provider. Names, emails, phone numbers, SSNs, firm names never leave the browser. Contrast with tools that send everything to OpenAI.]
[HITL: Discuss the 'your client data never touches AI' commitment from MFL Terms of Service §2.4. Why this is a competitive differentiator and what it means practically for an attorney embedding MFL calculators on their site.]
One Thing to Do Today
[HITL: Close with the single most important action — audit every AI tool your firm currently uses against the 10-question checklist above. If any tool fails questions 1-3, stop using it on client matters immediately and find a compliant alternative.]
Disclaimer: This article is for general educational purposes only and does not constitute legal advice. Made For Law is not a law firm, and our team are not attorneys. We are not affiliated with any federal, state, county, or local government agency or court system. Content may be researched or drafted with AI assistance and is reviewed by our editorial team before publication. Laws change frequently — always verify information with official sources and consult a licensed attorney for advice specific to your situation. Full disclaimer
Alex Tarlescu is the founder of Made For Law, where he builds legal technology tools that help families navigate probate and estate planning. Before MFL, he spent over a decade in digital marketing and SaaS product development.
