Recently, the American Bar Association's ("ABA") Standing Committee on Ethics and Professional Responsibility issued its first formal guidance (Formal Opinion 512) on generative artificial intelligence ("GAI") in the legal profession. Formal Opinion 512 (the "Opinion") characterizes GAI as a subset of AI technology that "can create various types of new content, including text, images, audio, video, and software code in response to a user's prompts and questions."
With this Opinion, the ABA discussed various ethical issues that an attorney might face while using GAI technology. The ABA offered guidance on the following categories:
- Competence
- Confidentiality
- Communication
- Meritorious Claims/Contentions
- Candor
- Supervisory Responsibilities
- Attorney Fees
In each category, the ABA highlighted the ethical considerations implicated by the use of GAI in the legal profession. For example, the ABA warned that attorneys might not be able to give competent representation if an attorney did not have a "reasonable understanding" of GAI technology. The ABA stressed that attorneys have an ongoing responsibility to understand the benefits and risks of using GAI technology to ensure competent representation to clients.
This Opinion offers a helpful reminder that attorneys should be well-aware of all their ethical responsibilities while using GAI. As stated by the ABA, attorneys may use GAI "as a springboard or foundation for legal work . . .[but] may not abdicate their responsibilities by relying solely on a GAI tool to perform tasks that call for the exercise of professional judgment."
For more information, check out ABA's Formal Opinion linked below:
"With the ever-evolving use of technology by lawyers and courts, lawyers must be vigilant in complying with the Rules of Professional Conduct to ensure that lawyers are adhering to their ethical responsibilities and that clients are protected."
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