WSBA task force: member survey shows low generative-AI use, cybersecurity gaps and strong support for training

Craig Schenk, a member of the Washington State Bar Association Legal Technology Task Force, told the Board of Governors that the task force surveyed members to gauge how emerging technologies are affecting legal practice.

The survey, Schenk said, was sent to about 10,000 WSBA members, used roughly 35 questions and returned about a 5% response rate. "That response rate ... gives us a reasonably high degree of confidence in the results," he said.

The results showed limited everyday use of generative AI among respondents: about 75% reported they do not use generative-AI applications in their daily practice; of the roughly 25% who do use generative AI, Schenk said 63% rely on generally free public applications for tasks such as legal research, drafting and summarizing. He added that members expressed a strong desire for more training and hands-on workshops.

Why it matters: task force chair Jenny Durkin said the findings affect courts, ethics and access to justice. "Impact on the courts ... is gonna be very significant," Durkin said, citing evidence-admissibility questions, training needs for judges and court staff, and the pace of technological change. She and task force members warned that both risks and opportunities—particularly for pro se litigants—will require coordinated guidance from the WSBA and other bodies.

Key findings presented to the Board included: - Education and ethics: Schenk reported broad support for more training: 72% of respondents backed adding a technology requirement to Mandatory CLE (MCLE). Only 23% believed current ethical rules adequately cover generative AI. - Efficiency vs. concern: 56% of respondents said they expect AI to improve efficiency, but many also voiced concerns about inaccuracies, "hallucinations" and whether AI use would meet ethical obligations. - Access to justice: The survey found mixed views on direct AI use by unrepresented litigants. Schenk said 63% of respondents expressed concerns about pro se litigants relying directly on AI tools even as some see AI as a potential bridge for unrepresented people. - Cybersecurity: Schenk said members' confidence in their cybersecurity posture appeared high—"our confidence sits at almost 80%"—but that actual use of basic cybersecurity measures lagged. He reported a gap between confidence and adoption of rudimentary safeguards and described that gap as a vulnerability for the profession.

Governors and task force leaders discussed demographic differences and rollout risks. Governor Villeneuve asked whether age correlated with AI comfort; Schenk said the survey had relatively few respondents under 30 and showed somewhat greater comfort among younger respondents but not enough data to draw conclusions about recent law-school graduates. Durkin added that law-school curricula on these topics remain inconsistent.

Governor Fay described technology as a potential leveler between large and small firms and emphasized the attorney's existing duties of competence and confidentiality when using new tools. Another governor noted resources the WSBA has posted, including a cybersecurity guide, and suggested wider dissemination.

Next steps the task force described include producing a standalone survey report, integrating the findings into the task force's formal report and having a cross-work-group focus group produce an outline of concrete recommendations for the Board of Governors. Durkin said the task force is on schedule to meet the Board's timeline and will coordinate with court committees, MCLE/CPE providers and other state and national efforts.

The presentation and discussion did not include any formal vote; governors asked questions and thanked task force members for the work. The task force members present included Chair Jenny Durkin, practice management advisor Margo Green, advancement department director Kevin Placci and Craig Schenk.