""Not all crazy ideas are great, but all great ideas are crazy." - Mike Posner Since it's clear that lots of lawyers still don't either understand or heed the risks of GenAI, perhaps it's time for a crazy idea: mandatory CLE on just this subject. Ask a room full of lawyers when giving a GenAI presentation who is using GenAI and you still get blank looks and few hands. Yet the GenAI train has clearly left the station. And every day we hear of lawyers being sanctioned for citing cases that don't exist or which are inaccurate even recently in the appeal of disciplinary order. So those that are using it are either ignorant of what GenAI is or just choose to ignore the risks."
"A Solution Clearly what we have here is failure to communicate, to borrow a line from an old movie. Situations like this always inspire asking a "what if" question: what if state bar associations and courts promulgated a mandatory GenAI CLE requirement for all lawyers? I know what you're saying. You're rolling your eyes and saying just what we need, another boring CLE requirement. Another room full of lawyers or a bunch of squares on a computer screen with bored lawyers checking their emails and waiting for it to be over."
"A recent Reuters' Practical Lawyer article talked about the state of technological ethical compliance. The article, written by two Redgrave partners, Erica Zolner and Benjamin Redgrave, is a good summary of the present requirements, relevant ethical rules, and opinions relating to a lawyer's obligation. The article notes that over 39 states have adopted Comment 8 to the ABA Competency Rule which states lawyers should stay abreast of the benefits and risks of relevant technology."
Many lawyers do not understand or heed the risks of generative AI, yet use of GenAI is widespread. Lawyers have been sanctioned for citing nonexistent or inaccurate cases after relying on GenAI outputs. Mandatory continuing legal education focused on GenAI could address failures in communication and ethical blindness. Some lawyers will resist additional CLE as boring or perfunctory, but technological competence is integral to lawyer competency. Over 39 states adopted Comment 8 to the ABA Competency Rule, requiring lawyers to stay abreast of benefits and risks of relevant technology. Several state authorities and the ABA have issued guidance on ethical duties when using GenAI.
Read at Above the Law
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