More Ethics Guidance Arrives Amid Rapid Releases Of Legal AI, Above the Law, 2/1/24
Taking steps to maintain your ethical duty of technology competence is more important than ever. No matter where you look, you’re most likely hearing about generative AI (GAI). In the coming months, you’re going to hear even more about it, especially as legal technology companies ramp up their GAI releases.
AI and Ethical Concerns for Legal Practitioners, Lexis, 1/8/24
What are the ethical concerns surrounding the use of AI by legal practitioners? And on the flipside: Do Ethical Rules Require Use (or at least the consideration of the use) of AI?
Shifting Sands: Ethical Guidance for AI in Legal Practice, AI Law Librarians, 12/15/23
Generative AI has only been here for one year, and we’ve already seen several lawyers make some big blunders trying to use it in legal practice. Trying to get ahead of the problem, bar associations across the country have appointed task forces, working groups, and committees to consider whether ethical rules should be revised. Although the sand will continue to shift under our feet, this post will attempt to summarize the ethical rules, guidance and opinions related to generative AI that are either already issued or forthcoming.
AI Ethics Guidance Arrives Amid Rapid Legaltech Deployments, Above the Law, 11/30/23
Blink twice, and you might miss the rapid changes happening in legal technology. As larger companies launch AI-driven tools and legal ethics AI guidelines begin to emerge, what will come next? There’s no telling. The practice of law, and even how we perceive the nature of legal work, is undergoing a significant change. Rapid generative AI advancement has placed the legal industry at a crossroads, and regardless of the path chosen, things may never be quite the same.
Here's An Analogy For AI Legal Ethics: Outsourcing, Law360, 9/22/23
A panel at the Federal Bar Association's annual meeting discussed the ethical use of AI tools in the legal profession, likening it to outsourcing legal work. They highlighted the need for attorneys to consider client confidentiality when using AI tools and the importance of understanding the terms of service for such tools. The panel also explored the role of attorneys in creating and updating AI tools and how AI can improve access to justice.
US judge orders lawyers to sign AI pledge, warning chatbots 'make stuff up,' Reuters, 6/2/23
U.S. District Judge Brantley Starr of the Northern District of Texas has issued a requirement for lawyers in his court, making them certify that AI was not solely responsible for drafting their filings and that human verification was conducted. This mandate is meant to address concerns about AI tools generating fake cases or information and to ensure lawyers take responsibility for verifying AI-generated content. The judge raised concerns about AI's "hallucinations and bias," stating that AI platforms act based on programming rather than ethical principles.
A lawyer used ChatGPT to cite bogus cases. What are the ethics?, Reuters, 5/30/23
A New York lawyer could face sanctions for drafting a brief with the help of ChatGPT that cited six non-existent court decisions. The brief was filed in his client's personal injury case against Avianca Airlines. Schwartz admitted to relying on the technology and was "unaware of the possibility that its contents could be false." The American Bar Association's Model Rules of Professional Conduct do not explicitly address AI but existing ethics rules apply. Lawyers are responsible for ensuring the technology they use provides accurate information and must not rely too heavily on AI tools to prevent introducing mistakes.
Is Generative AI Such As ChatGPT Going To Undermine The Famed Attorney-Client Privilege, Frets AI Law and AI Ethics, Forbes, 3/30/23
This article discusses the potential impact of generative AI, such as ChatGPT, on attorney-client privilege and AI ethics. It explores how AI tools might inadvertently lead to the erosion of this privilege by storing or sharing confidential information, creating ethical concerns. The article emphasizes the need for clear regulations and ethical guidelines to address these issues and protect attorney-client privilege in the age of AI.
Do Professional Ethics Rules Allow You to Have a Robot Write Your Brief?, Law.com, 3/21/23
This article discusses the ethical considerations surrounding the use of AI, like ChatGPT, in drafting legal briefs. It examines whether professional ethics rules permit attorneys to have AI-generated content in their legal documents and the potential implications of relying on AI tools for legal work. It also underscores the need for clear guidelines and responsibilities as AI continues to play a role in the legal field.