Lawyers have a duty to:
* Competence: Stay up-to-date on AI's benefits and risks, understanding its capabilities and limitations.
* Confidentiality: Protect client information when using AI tools.
* Truthful Communication: Be transparent with clients about AI use and avoid misleading statements.
GAI tools raise novel ethical considerations due to their ability to generate new content.
* Lawyers must stay informed about emerging AI-related ethical issues.
* Potential for bias in AI exists, and lawyers must take steps to mitigate it.
AI tools can be beneficial in law work.
- AI tools can be used to:
- Draft and review legal documents
- Automate storage and retrieval of legal documents
- Analyze large amounts of legal data and sources for legal research
- Quickly review documents
- Analyze past case law, court decisions, and judge rulings
- Help to assess potential risks and advise clients
- Facilitate filing and sorting files, case management, scheduling, and timekeeping.
- Assist with reading and summarizing documents, finding patterns and discrepancies, and extracting relevant data
- Automate routine tasks (billing, scheduling, and client management)
Care must be taken when using AI tools.
- AI tools are known to "hallucinate" or generate erroneous results, and there are ethical concerns. As one example, there is a famous case involving two New York lawyers who were sanctioned for using fake ChatGPT cases in a legal brief.1
- Many AI tools are "trained" using the information that is uploaded into them, which creates issues of security and privacy.
- Use of information obtained through AI results may be violation of copyright law.
1 Merken, S.(2023, June 26). New York lawyers sanctioned for using fake ChatGPT cases in legal brief. Reuters. https://www.reuters.com/legal/new-york-lawyers-sanctioned-using-fake-chatgpt-cases-legal-brief-2023-06-22/