As the legal landscape evolves, so does the need to understand how Artificial Intelligence (AI) can enhance both our professional and personal lives. Since March 2023, we’ve been dedicated to helping legal professionals get comfortable with AI, particularly tools like ChatGPT. Our focus has been threefold:
(1) Guiding attorneys on how to craft effective prompts;
(2) Introducing AI tools specifically designed for legal practice; and
(3) Analyzing the ethical implications and providing practical tips for responsible use.
Our recent article, Navigating the Legal Ethics of Artificial Intelligence, published by the ABA, delves into the ethical considerations of AI for legal work. It discusses recent case law, emerging ethics opinions, and shifting judicial requirements. While the rapid pace of legal tech means that some information may become outdated quickly, we continuously update "AI for Lawyers: Resources and Tools" with the latest developments.
Summary of ABA Formal Opinion 512
One of the most significant AI developments is the release of ABA Formal Opinion 512 on July 29, 2024. This opinion is critical for lawyers navigating the ethical use of Generative Artificial Intelligence (GAI) tools. It underscores the duty of competence under Model Rule 1.1, requiring attorneys to understand the capabilities and limitations of the AI tools they use. While full AI expertise isn’t necessary, lawyers must be informed enough to use these tools responsibly.
The opinion also touches on confidentiality (Model Rule 1.6), client communication (Model Rule 1.4), and the duty to supervise (Model Rules 5.1 and 5.3). For instance, when using GAI tools, lawyers must evaluate the risk of inadvertently disclosing client information, particularly with self-learning AI models. In some cases, informed client consent may be required, especially if using GAI tools could affect client interests or heighten confidentiality risks.
Transparency is another key point. Lawyers should consider disclosing their use of AI tools to clients, ensuring they understand how their objectives are being pursued. We recommend including this disclosure in the retainer agreement.
Connecting with Broader Ethical Principles
The ethical issues surrounding AI tools are complex, and Opinion 512 offers a foundational framework. However, our recent article expands on these principles, emphasizing that transparency and informed consent go beyond mere compliance—they are about building trust and preserving the integrity of the attorney-client relationship.
Opinion 512’s focus on competence also aligns with our discussions on the importance of continuous education and training in AI technologies. Lawyers need to not only understand the tools but also be aware of broader implications like bias, inaccuracy, and the potential for AI to generate misleading outcomes.
To help attorneys navigate these challenges, we’ve expanded our CLE program into a two-hour session: "ChatGPT in the Legal Field: Benefits, Pitfalls, & Ethical Considerations of Generative Artificial Intelligence." While designed as a comprehensive session, each hour can be offered as an independent program. Check out the course description and detailed agenda—this is an essential resource for staying ahead in the ever-evolving legal tech landscape.
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