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DISCLOSURE REGARDING USE OF GENERATIVE ARTIFICIAL INTELLIGENCE (GAI)

In accordance with the Illinois Supreme Court Policy on Artificial Intelligence, the Illinois Rules of Professional Conduct (including Rules 1.1, 1.2, 1.4, 1.6, and 5.3), and the ARDC’s Illinois Attorney’s Guide to Implementing AI (October 2025), the Firm provides the following disclosures regarding its use of GAI tools:

1. 1. GAI Tools Used in This Practice. The Firm uses generative artificial intelligence tools to assist in the delivery of legal services. These tools may include, but are not limited to: AI-powered note-taking and transcription software used during client meetings, telephone calls, and video conferences; AI-powered legal research and document drafting tools; and AI-powered document review or summarization tools. The specific tools used may change over time as technology evolves, and the Firm will notify Client of any material changes in the types of AI tools used in Client’s matter.
   2. Attorney Accountability and Competence. Consistent with Illinois Rule of Professional Conduct 1.1 and the Illinois Supreme Court’s AI Policy, Attorney maintains competence in the AI tools used and understands their capabilities and limitations. All GAI output is reviewed, verified, and approved by Attorney before being relied upon or included in any work product, filing, or communication. Attorney is solely responsible for all legal advice, strategy, and work product delivered to Client. GAI tools are assistive only and do not exercise legal judgment.
   3. No AI-Generated Legal Advice. No GAI tool provides legal advice to Client. Any output generated by a GAI tool is treated as a draft or internal reference subject to Attorney’s independent professional judgment. Client should not rely on any AI output that has not been reviewed and communicated by Attorney.
   4. Confidentiality and Data Security. In accordance with Illinois Rules of Professional Conduct 1.6 and 1.6(e), Attorney takes reasonable steps to safeguard Client’s confidential information when using GAI tools. The Firm evaluates GAI vendors for data security, privacy, and confidentiality protections before use. The Firm uses business or enterprise-tier GAI tools where available and avoids inputting Client confidential information into consumer-grade public AI tools that may use input data for model training. Client’s data entered into GAI tools is treated as confidential attorney-client information.
   5. Supervision. In accordance with Illinois Rule of Professional Conduct 5.3, Attorney supervises the use of all GAI tools within the Firm, including use by any paralegal, legal assistant, or other staff member. Attorney has implemented internal policies governing the acceptable use of GAI tools.
   6. Disclosure to Court. Client acknowledges that certain courts in Illinois have entered standing orders requiring attorneys to disclose the use of AI in court filings. If such a disclosure is required in Client’s matter, Attorney will comply with the applicable court order and will discuss the disclosure with Client in advance.

BIOMETRIC INFORMATION PRIVACY ACT (BIPA) DISCLOSURE AND CONSENT

Pursuant to the Illinois Biometric Information Privacy Act, 740 ILCS 14/1 et seq. (“BIPA”), as amended by Public Act 103-0769 (SB 2979, effective August 2, 2024), the Firm provides the following disclosure and seeks Client’s informed written consent:

Biometric Data Collected. In connection with the Firm’s use of AI-powered note-taking, transcription, and meeting-assistance tools, the Firm or its third-party technology vendors may collect, capture, or otherwise obtain the following biometric identifiers and/or biometric information as defined by 740 ILCS 14/10:

• Voiceprints or voice recordings that may constitute biometric identifiers;
• Scans of face geometry or facial recognition data captured during video conferences;
• Any other biometric identifier or biometric information as defined under BIPA that may be incidentally captured by AI tools used by the Firm.

1. 1. Purpose of Collection. Biometric data is collected solely to: (i) accurately transcribe and summarize attorney-client meetings and consultations; (ii) create and maintain accurate records of client communications in the client file; and (iii) support the effective and competent delivery of legal services.
   2. Retention and Destruction. In accordance with 740 ILCS 14/15(a), the Firm will retain biometric identifiers and biometric information only for as long as necessary to fulfill the purposes described above, or for the period required by the Illinois Rules of Professional Conduct and applicable record-retention obligations, whichever is longer, but in no event longer than three (3) years after Client’s last interaction with the Firm, at which point such data will be permanently destroyed. The Firm’s written biometric data retention and destruction policy is available upon request.
   3. No Sale or Profit. The Firm will not sell, lease, trade, or otherwise profit from Client’s biometric identifiers or biometric information, in accordance with 740 ILCS 14/15(c).
   4. Third-Party Disclosure. The Firm may disclose biometric data to its third-party AI technology vendors solely as necessary to provide the transcription and note-taking services described herein. Such vendors are contractually required to maintain the confidentiality and security of biometric data and to comply with BIPA. The Firm will not otherwise disclose Client’s biometric data unless: (i) Client provides written consent; (ii) disclosure is required by state or federal law; or (iii) disclosure is required by a valid warrant or subpoena issued by a court of competent jurisdiction.
   5. Storage and Security. The Firm stores, transmits, and protects biometric data using the reasonable standard of care within the legal industry, and in a manner that is the same as or more protective than the manner in which the Firm protects other confidential and sensitive client information, in accordance with 740 ILCS 14/15(e).

ADDITIONAL CONSIDERATIONS REGARDING AI AND GAI SPECIFIC FOR CLIENTS

1. Sensitive and Adversarial Nature of Proceedings. Legal proceedings are inherently adversarial and emotionally sensitive. Client acknowledges that AI note-taking tools may capture discussions of a highly personal nature, including discussions about finances, children, domestic issues, and related matters. Attorney will exercise heightened care in protecting the confidentiality of AI-processed data in this context. No AI-generated transcription or summary will be shared with opposing counsel, the opposing party, the court, a guardian ad litem, or any other third party without Client’s prior written consent.
2. AI Notes and Discoverability. Client acknowledges that in litigation contexts, there is a possibility that opposing counsel could seek discovery of communications or records, including AI-generated notes. Attorney will take the position that AI-generated meeting notes are protected attorney work product and/or attorney-client privileged communications. However, Attorney cannot guarantee that a court will agree. Client should be aware of this consideration when consenting to the use of AI tools.
3. Recordings and Illinois Eavesdropping Law. Illinois is an all-party consent state for audio recording under 720 ILCS 5/14-2. Client’s consent upon signing a retainer where the use of GAI is property disclosed satisfies the consent requirement for recording by the Firm’s AI note-taking tools during attorney-client consultations. This consent does not extend to any recording of conversations with third parties outside the attorney-client relationship. Client must not independently record opposing counsel, the opposing party, or other individuals in connection with this matter without first consulting Attorney regarding legality.
4. Disclosure of AI-Generated Content. If Client uses any generative artificial intelligence tool (including but not limited to ChatGPT, Google Gemini, Claude, Microsoft Copilot, or similar products) to draft, prepare, or assist in creating any document, communication, summary, timeline, financial statement, or other material that Client provides to Attorney in connection with this representation, Client must disclose that fact to Attorney at the time the material is provided. This includes documents drafted in whole or in part by AI, documents revised or edited using AI tools, and any factual summaries, chronologies, or calculations generated with AI assistance.
5. Prohibition on Client Recording Using AI Tools. Client shall not use any AI-powered recording, transcription, or note-taking tool (including but not limited to smartphone-based AI transcription apps, Otter.ai, or similar products) to record, transcribe, or capture any conversation, meeting, telephone call, or video conference with Attorney, Attorney’s staff, or any other party in connection with this representation, unless Client has obtained Attorney’s prior written consent.  AI-powered recording tools transmit audio data to third-party servers, which creates additional risks to the privileged and confidential nature of attorney-client communications; Client is advised that AI disclosure of confidential information to third-party servers could destroy the attorney-client privilege and may subject the information to subpoena or other discovery processes.  Attorney’s consent to the Firm’s own use of AI recording tools (as described in this Agreement) does not constitute consent to Client’s independent use of recording tools.

Client is advised that under 720 ILCS 5/14-2, it is a criminal offense to surreptitiously record a private conversation without the consent of all parties.  Client’s surreptitious recording of any meeting with Attorney without Attorney’s consent would violate Illinois law and could compromise the attorney-client privilege.  If Client wishes to record any meeting or consultation for personal reference, Client must request and receive Attorney’s written permission in advance, and the parties will discuss appropriate safeguards.

Attorney needs to know when materials are AI-generated because AI tools can fabricate facts, legal citations, financial figures, and other information that appears accurate but is not. Attorney cannot effectively represent Client if Attorney is relying on information that has been generated or altered by AI without Attorney’s knowledge. Client’s disclosure obligation under this paragraph does not limit Client’s right to use AI for personal purposes unrelated to this representation.