Take heed before using artificial intelligence, new ABA ethics opinion says
The ABA’s Standing Committee on Ethics and Professional Responsibility released an opinion Monday guiding the legal profession through some of its obstacles. Specifically, it is warning lawyers to consider their ethical obligations when operating artificial intelligence. (Image from Shutterstock)
As more and more law firms experiment with artificial intelligence, the ABA’s Standing Committee on Ethics and Professional Responsibility released an opinion Monday guiding the legal profession through some of its obstacles. Specifically, it is warning lawyers to consider their ethical obligations when operating AI.
While AI can and does improve the efficiency of legal services, attorneys should consider their level of competency, their duty of confidentiality and their disclosure of AI use, according to Formal Opinion 512. An ABA press release is here.
To manage these hurdles, lawyers should have a “reasonable understanding of the capabilities and limitations of the specific [generative artificial intelligence] technology that the lawyer might use,” the opinion says.
Reading about legal generative AI tools, attending continuing education programs and consulting with others is helpful.
Noting that generative AI tools are only as good as their data, it’s important to independently verify all information obtained.
Another ethical hurdle involves the fees. Attorney fees should be “reasonable,” and because AI can allow lawyers to work much faster and more efficiently, firms must take this into consideration when billing.
“If a lawyer has agreed to charge the client on [an hourly] basis and it turns out that the lawyer is particularly efficient in accomplishing a given result, it nonetheless will not be permissible to charge the client for more hours than were actually expended on the matter,” Model Rule 1.5(a) says in the ABA Model Rules of Professional Conduct.
So even if AI saves 20 hours by doing 15 minutes of document searching, for example, the firm should only bill for the 15 minutes of actual time worked.
“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,” the opinion says.
For even more information on this topic, the ABA Task Force on Law and Artificial Intelligence also released a book Friday called Artificial Intelligence: Legal Issues, Policy, and Practical Strategies, which looks at legal issues arising from generative AI and other AI technologies.
The book, which was launched via the ABA’s task force, contains contributions from more than 40 experts who offer practical strategies, analysis and reflections on AI’s legal influence.
“This book is essential reading for lawyers of all practice areas and takes a comprehensive look at the ways AI is transforming the legal profession and the ramifications from its use,” ABA President Mary Smith said in a statement. “This book not only provides critical information from a wide range of experts but can serve as a roadmap and resource for lawyers, judges and executives on how to navigate this complex technology in this rapidly evolving area.”
