The use of AI in law
The integration of generative AI within the legal industry offers substantial advantages for both lawyers and clients. By enhancing efficiency, AI significantly reduces the time required for tasks such as legal research, document drafting, and case analysis. This technological advancement allows lawyers to allocate more of their focus and expertise to other critical aspects of their cases, ultimately improving the overall quality and effectiveness of legal services. The streamlined processes facilitated by AI not only expedite case management but also elevate the precision and depth of legal work, benefiting all parties involved.
Adhering to ethical guidelines is crucial for law firms to mitigate the potential risks associated with AI usage and to uphold the integrity of their practices. Law firms must establish and enforce comprehensive policies that govern the ethical implementation of AI. These guidelines ensure that AI is utilised responsibly, safeguarding against biases, protecting client confidentiality, and maintaining compliance with legal standards. By following these ethical protocols, law firms can confidently integrate AI into their operations while preserving the trust and credibility they have built with their clients.
The ABA have recently provided their official opinion on the uses of AI providing those in the legal industry a clear guidelines going forward.
The ABA official opinion
This is the first formal ethics opinion on generative AI from ABA, giving law firms a guidelines of how to use the technology effectively and ethically. This takes into consideration the protection of both law firm and client when using AI, preventing any misconduct and potential risk that come with using technology.
ABA noted that when using AI the user must ‘fully consider’ their ethical obligations to protect clients, including duties related to lawyer competence, confidentiality of client data, communication and fees.
They have stated that lawyers do not need to be experts in the technology but should have a good understating and implications of what they are using. Lawyers must also keep up with any changes and law firms should provide a basic level of training.
Communication
- Even when client consent is not explicitly required, lawyers should consider informing clients about any use of AI to ensure complete transparency in their work. This practice fosters trust and allows clients to understand the methods and tools employed in their legal representation, reinforcing the ethical obligation of full disclosure.
Confidentiality
- Lawyers must rigorously safeguard client information and data when inputting any details into generative AI systems. This practice is essential to maintain confidentiality and adhere to legal and ethical standards. By ensuring that all client data is protected, lawyers can prevent unauthorised access and potential breaches, thereby upholding their professional responsibilities and the trust placed in them by their clients.
Fees
- The American Bar Association (ABA) emphasises that when employing AI, consideration of reasonable fees is essential. Their guidelines specify that billing clients for time spent using AI is acceptable, whereas charging for time dedicated to training on and understanding the technology is not, unless explicitly requested by the client. By adhering to these principles, legal professionals ensure transparency and fairness in their billing practices while integrating advanced technological tools into their services.
Lawyer Competence
- Law firms should implement comprehensive policies and provide rigorous training on the ethical use of artificial intelligence as the benefits of incorporating this technology in legal cases continue to expand. It is crucial to ensure that all staff members are well-versed in these policies and understand the ethical considerations involved. This includes addressing issues such as bias, confidentiality, and compliance with regulatory standards. By doing so, law firms can leverage the advantages of AI effectively while upholding the highest standards of legal practice and maintaining the trust and confidence of their clients.
How using AI can go wrong
Forbes emphasises the necessity of vigilance when using AI due to the significant risks involved. This point is illustrated by the genuine incident of when two attorneys submitted court documents containing fictitious legal citations and precedents generated by AI in a civil case. It is crucial to prioritise thoroughly checking AI-generated work to avoid such errors and ensure the integrity of legal documents.