The American Bar Association (ABA) and several state bars have recently issued guidelines on the ethical use of generative artificial intelligence (AI) in legal practice. As AI tools like LLM-based chatbots become more integrated into the legal profession, these guidelines aim to help attorneys navigate the benefits and risks associated with AI technology. Notably, California, Florida, New York, and New Jersey have each provided specific guidance, highlighting different aspects of ethical considerations that attorneys must keep in mind.
A common theme across these guidelines is the duty of confidentiality and competence. For example, the State Bar of California emphasizes that "a lawyer must not input any confidential information of the client into any generative AI solution," advising attorneys to adequately anonymize client data before using AI tools. Similarly, New York's guidelines suggest that attorneys disclose their use of AI in initial client engagement letters, even providing sample language to ensure transparency with clients regarding AI usage.
Another critical concern is the potential for AI to generate false or biased information, which could impact an attorney's duty of accuracy and truthfulness. The New Jersey State Bar warns that AI systems "trained on biased data or designed with biased algorithms can exacerbate existing discriminatory practices," urging lawyers to thoroughly vet AI tools before incorporating them into their practice. As AI technology continues to evolve, attorneys nationwide must stay informed and exercise caution to uphold their ethical obligations while leveraging the benefits that AI can offer.
To address this, on July 29, the American Bar Association published a formal opinion on the use of generative AI tools. It warns that attorneys must "fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, ... and to charge reasonable fees."
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