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Harvey AI is at 200+ law firms. The client wasn't told. The partner signed off. Here's what your firm hasn't resolved.
What Harvey does, who deployed it, and what the ABA said about it.
The compliance question your managing partner has not yet answered explicitly.
ABA Opinion 512 does not prohibit AI. It requires the disclosure decision to be made deliberately — not defaulted. Most firms have not documented that decision.
The confidentiality exposure: attorneys submitting client documents to Harvey are governed by Rule 1.6, not just Harvey's data agreement. The professional obligation runs to the client, not the vendor.
The competence exposure: "review it like associate work" is not a sufficient supervision standard for AI output. Citation verification, jurisdiction-specific accuracy, and source validation require an explicit standard — not implicit partner judgment.
Fastest. Does not address Opinion 512 disclosure obligation or define an AI supervision standard. Defers the compliance gap.
AI disclosed in engagement letter (not consent-required). Data submission limits defined by matter type. Supervision standard documented.
Most conservative. Appropriate for matters with MNPI, PHI, or government investigation. Slows deployment; required for highest-risk matter types.
Harvey reduces but does not eliminate hallucination. At 200+ firms deploying at scale, the expected number of hallucinated citations reaching a filing in any given quarter is not zero. Citation verification must be mandatory, not discretionary.
A data breach at Harvey creates professional responsibility exposure for attorneys who submitted client confidential information — independent of Harvey's contractual liability. Rule 1.6 is an obligation to the client, not the vendor.
Firms that restrict AI without providing a compliant path push attorneys to use personal ChatGPT or Claude accounts — without firm data handling protections. A blanket restriction creates the compliance exposure it was designed to prevent.
Harvey can compress four hours of associate work to forty minutes. A firm without a billing policy for AI-assisted matters is accumulating exposure that will be material when the first state bar opinion addresses AI and fee disclosure.
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