In its first major pronouncement on the ethics of using generative AI in law practice, the American Bar Association has issued an opinion saying that lawyers need not become experts in the technology, but must have a reasonable understanding of the capabilities and limitations of the specific generative AI technology the lawyer might use.
Acknowledging that the rapid development of gen AI makes it a fast-moving target, the committee said, 'It is anticipated that this Committee and state and local bar association ethics committees will likely offer updated guidance on professional conduct issues relevant to specific GAI tools as they develop.'
One issue unique to generative AI that the opinion addresses is that of meritorious claims and candor toward a tribunal. Lawyers have a duty - under competence and candor to courts - to review the accuracy of all outputs from generative AI products before submitting to courts.
The ABA focuses on ethics issues familiar in legal technology opinions: competence, confidentiality, communication with clients, supervisory responsibilities, and fees. Gen AI-specific concerns include meritorious claims and candor toward tribunals, requiring review and corrections of outputs.
#generative-ai #ethics-in-law #american-bar-association #legal-technology #professional-responsibility
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