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AI & Law · · 3 min read

AI governance in legal teams: why technical asymmetry is now a strategic risk

Demystifying AI inside a legal team is not a training program: it is a governance decision that determines who negotiates the rules and who only comments on them.

#ai-governance #legal-teams #strategy #ai-law #digital-transformation

In my Digitalization of Law course at the Universidad Panamericana School of Law, I always begin with the same operational definition: an algorithm is an ordered sequence of operations that produces a predetermined kind of result. Not the exact result, but the type of result.

I then ask:

What is the objective of ChatGPT?

The answers are always the same: “produce high-quality text,” “answer questions,” sometimes, with an additional layer of anthropomorphism, “tell the truth.” All wrong. The actual objective is, plainly, to predict the next token. That is all.

There is no “understanding,” no “answering,” no “reasoning”: only a probability calculation over sequences of words. Everything else, coherence, usefulness, the appearance of intelligence, is what we project onto that mechanism.

What my students repeat, law firms repeat as well

The students are not at fault. They are reproducing the dominant marketing narrative around AI. The problem begins immediately afterwards: the same narrative circulates, in suits and ties, inside law firms and in-house legal departments. At that point, we are no longer dealing with students. We are dealing with the people who sign contracts with AI vendors, approve tools for their teams, and submit positions in regulatory consultations.

The standard response to “lawyers and AI” is to schedule training sessions. That response treats the issue as a skills gap. The actual issue is different: lawyers are signing, regulating, and litigating systems they cannot describe. That is no longer something a course resolves. It requires a governance decision: who, within the organization, is allowed to operate without understanding what they sign.

What separates a team that negotiates from a team that only comments

The strategic gap reduces to a single question: can the legal function describe, in its own words, the technical architecture, the data flows, and the model objectives of the systems it signs, audits, or uses?

When the answer is yes, three concrete things follow:

  • Contracts allocate risk on the basis of actual operational realities, rather than metaphors inherited from marketing material.
  • The team contributes to drafting the regulatory rules, instead of inheriting rules drafted by other actors and limiting itself to commenting on them.
  • Product and process opportunities emerge that remain invisible to anyone treating these tools as black boxes.

When the answer is no, the team is structurally reduced to the role of commentator. The rules of the game are written elsewhere; they are then applied to the legal perimeter, almost always late and almost always at an asymmetric cost to the organization.

Demystification as a governance decision

Demystifying AI inside a legal team is therefore not a training budget line. It is a question about who, in the organization, is allowed to sign, audit, regulate, or professionally use systems they do not understand. Once the question is framed in those terms, the answer ceases to be obvious, and resource allocation moves out of the “internal training” drawer and onto the agenda of the executive committee or the managing partner.

That is the precise threshold at which a serious digital transformation of a law firm or legal department stops resembling a course and starts resembling an architectural decision. Departments that cross that threshold do not end up “mastering” AI; they recover the position of authority that the asymmetry was eroding, day after day, with every new tool signed without genuine understanding.

Before regulating, one must understand. Before understanding, the organization must decide, at its top level, that understanding is a priority.

Frequently asked questions

What ethical risks does using AI in law involve?
Three main ones. First, opacity: signing, auditing or recommending systems whose workings you do not understand compromises the duty of competence. Second, confidentiality: sending client information to services that retain it for training is incompatible with attorney-client privilege. Third, responsibility: the lawyer is accountable for what they sign, including hallucinated case law or reasoning errors produced by an AI draft, and cannot delegate that judgment to the model.
What do the BMA Guidelines say about AI use?
In October 2025, the Barra Mexicana, Colegio de Abogados (BMA) published the Guidelines for the Responsible Use of Artificial Intelligence in the Professional Practice of Law. They articulate seven axes: technical competence and human verification, confidentiality and data protection, transparency with clients and courts, the lawyer's non-delegable responsibility, equity and non-discrimination, reasonable fees, and respect for fundamental rights; and they expressly prohibit the use of "black box" AI systems whose functioning cannot be audited or explained. Final responsibility for the accuracy and adequacy of any AI-assisted work always rests, without exception, with the lawyer in charge.
Is it safe to use AI with confidential client information?
Not by default. Public and free services may retain submitted text for training and reuse it, which undermines attorney-client confidentiality. Handling sensitive information requires contractually secure environments (enterprise plans with explicit no-training clauses, private deployments, dedicated instances), internal policies that govern usage, and, depending on the case, prior anonymization of the data.
Will AI replace lawyers?
Not within any foreseeable horizon. AI is reducing the weight of mechanical and repetitive tasks, but professional judgment, responsibility and client relationships remain human. The real risk is not replacement, but the gap between those who integrate these tools with technical and ethical judgment and those who sign without understanding what they are signing.

Adapted to the site style. Substance preserved.

Original LinkedIn post — Originally published on February 9, 2026 · read the original