Artificial Intelligence: Meet the Practice of Law

• Pages: 2-3
• Date: 01 October 2024
• Author: Steven B. Chaneles
• Subject Matter: Civil Law

By Steven B. Chanele s, Litigation News Associat e Editor

Articial Intelligence:

Meet the Practice of Law

Meet the New Pro blems; Same a s the Old Probl ems

Lawyers already have a duty to take reasonable measures to

protect the condentiality of client information and obtain

client consent to disclose it. Pursuant to the opinion, that duty

now includes maintaining sufcient technological compe-

tence to understand the risks of using generative AI and how

to ethically use it. Moreover, AI programs may be viewed as

non-lawyer assistants, akin to paralegals. Accordingly, law-

yers must consider what functions may be ethically delegated

to AI and remain responsible for the work product, including

reviewing it for accuracy and sufciency.

A lawyer must ensure that the charges associated with AI

are reasonable and should communicate to a client, preferably

in writing, the basis of the lawyer’s fees and costs, including the

lawyer’s intent to use generative AI and charge for it. Further,

lawyers must not engage in deceptive or misleading advertising.

AI chatbots that communicate with clients or third parties must

comply with restrictions on lawyer advertising and conicts

of interest and must include a disclaimer indicating that the

chatbot is an AI program and not a lawyer or employee of the

law rm.

© Getty Image s

purred by the introduction of ChaptGPT-3 in 2022,

generative articial intelligence (AI) presents new

ethical challenges for lawyers. To meet those chal-

lenges, a state bar governing body has issued an

ethics advisory opinion to guide lawyers regard-

ing some of the ethical implications of using AI, touching on

issues such as condentiality, competency, billing, and adver-

tising. ABA Litigation Section leaders offer suggestions for

how to ethically use this evolving technology.

In a nod to the growing use of AI, the Florida Bar published

Ethics Opinion 24-1. According to the opinion, “generative AI

can create original images, analyze documents, and draft briefs

based on written prompts.” This new guidance, though advi-

sory only, permits lawyers to use AI and applies current ethical

rules that already require lawyers “to protect the condentiality

of client information, provide accurate and competent services,

avoid improper billing practices, and comply with applicable

restrictions on lawyer advertising.” Rather than promulgating

new rules, the opinion relies on existing ethics opinions regard-

ing cloud computing, electronic storage disposal, remote para-

legal services, metadata, and lawyer competence as analogues.

FALL 2024 • VOL. 5 0 NO. 1

2 | A BA LITIGATION SECTION

TECHNOLOGY

Published in Lit igation News Volume 5 0, Number 1, Fall 2024. © 2 024 by the America n Bar Associati on. Reproduced wi th permission. A ll rights reserv ed. This informati on or any portion t hereof may not be copi ed or

disseminated in an y form or by any means or s tored in an electro nic database or re trieval system wi thout the express w ritten consen t of the American B ar Associatio n.