Is Not Using AI a Malpractice Risk? ft. Shannon Boettjer

Has AI adoption in law already reached the point of questioning: how do we use it without creating tomorrow’s litigation risk? In this episode of Between the Briefs by Steno, Adrian Cea and Joe Stephens sit down with Shannon Boettjer, partner at Jaspan Schlesinger Narendran LLP, to unpack what responsible AI governance actually looks like for lawyers and law firms. Shannon breaks down why AI is no longer just one tool but an entire kitchen of systems, why hallucinations should be treated like common side effects and why firms need AI fluency, not just basic literacy, if they want to use these tools defensibly.

A few months ago, people were asking whether not using AI could ever be malpractice. Now, that question feels a lot less theoretical.

In this episode of Between the Briefs by Steno, Adrian Cea and Joe Stephens sit down with Shannon Boettjer, partner at Jaspan Schlesinger Narendran LLP, for a sharp, practical conversation on AI governance, legal risk, and what it means to build defensible systems before technology decisions turn into lawsuits.

What You’ll Learn:

Why the AI conversation shifted from “should we use it?” to “how do we use it responsibly?”
How the knife vs. kitchen analogy helps firms understand different levels of AI complexity
Why AI governance should start with a risk-benefit analysis, not a checkbox list
Why hallucinations are better understood as common side effects, not random surprises
How “parallel from the start” can help firms avoid bad habits that compound at scale
Why AI literacy is only the starting point, and AI fluency is the real goal
Why lawyers need to understand the tools their teams, co-counsel, and vendors are using
Why machines require a zero-trust approach, while humans require trust but verify

This episode is a clear-eyed look at legal AI adoption and the actual governance work required when lawyers start putting powerful tools into everyday practice.

Highlights:

00:00 Introduction

01:19 Is It Malpractice Not to Use AI?

02:56 AI as a Tool: The Knife vs. Kitchen Analogy

05:04 Why Basic AI Skills Are Becoming Expected

07:17 Today’s Design Decisions Become Tomorrow’s Liability Theories

07:36 The Pharmaceutical Lens for AI Governance

09:40 Why EDRM Is an Underused AI Governance Framework

10:18 Choosing the Right Tool for the Right Pain Point

13:10 Why Human Review Still Matters

14:50 AI Literacy vs. AI Fluency

16:21 Lessons From Legal Week

16:43 Common Side Effects and Rare but Serious Risks

18:36 The “Parallel From the Start” Framework

20:16 Why “Grab It and Go” AI Adoption Creates Risk

20:47 The First Question Every AI Strategy Should Ask

23:51 Why End Users Need to Be in the AI Conversation

26:02 Data Governance, Privacy and Cybersecurity in AI Use

29:48 How Firms Should Assess Their AI Maturity

33:17 Why Old Technology Problems Keep Reappearing

37:17 Applying Existing Legal Duties to AI

38:03 Trust Humans, Zero Trust Machines

41:05 Where Legal AI Is Heading Next

47:18 The Cognitive Cost of Working With Machines

49:31 Shannon’s Hot Take: Personal Knowledge Management

52:02 The Swiss Cheese Problem in AI Governance

54:03 Closing Thoughts

Quotes:

“AI is a tool, and I think of it in terms of something like a knife.”
“Every layer of AI potentially solves a problem and potentially creates risks.”
“Start with literacy with the end goal of being fluent.”
“Trust but verify your human colleagues. I would hold a different standard for working with machines: zero trust.”