Artificial Intelligence and the Lawyer's Duty of Confidentiality

• Year: 2025
• Citation: Vol. 38 No. 1 Pg. 51
• Pages: 51
• Date: 01 January 2025

Artificial Intelligence and the Lawyer's Duty of ConfidentialityNo. Vol. 38 No. 1 Pg. 51Utah Bar JournalJanuary, 2025

by Keith A. Call

ChatGPT can do some amazing things. Last October, when my New York Yankees lost the World Series to my wife's Los Angeles Dodgers, our bet required me to compose a poem about Dodgers Domination. Given that I am not particularly poetic or romantic, the obvious choice was to leverage artificial intelligence, which is apparently both poetic and romantic. Here's a short excerpt:

As the Dodgers ran circles, their victory clear, The Yankees stumbled, a dance of deep fear. "Oh dear, don't worry," she teased with a grin, "It's just baseball, love, the Dodgers will win."

Hefrowned at the scoreboard, the pain in his chest, While she danced with delight, feeling truly blessed. "Isn't it charming, the way they perform?" Yet each word felt sharp, a tempestuous storm.

ChatGPT and other forms of generative artificial intelligence can also be very useful for lawyers. For example, lawyers have used them to assist in drafting letters, contracts, briefs, and other legal documents. The results are often efficient and helpful. But what are the ethical concerns when using generative AI for these and similar purposes?

In July 2024, the American Bar Association issued a detailed opinion that addressed several ethical concerns with a lawyer's use of generative AI, including competence, confidentiality, communication with clients, supervision of others, asserting only meritorious claims and contentions, candor towards tribunals, and reasonableness of fees. See ABA Comm. on Ethics &Pro. Resp., Formal Op. 512 (July...