WARNING: UNETHICAL USE OF AI IS DEPLORABLE
The integration of artificial intelligence (AI) into the legal profession offers significant opportunities for saving time, increasing productivity whilst enhancing efficiency and accuracy. However, recent incidents, such as in the case where PMB lawyers faced serious repercussions for using AI unethically to draft court papers with case authority citations that do not even exist, without having proper oversight, underscore the importance of ethical considerations in AI utilisation.
It is also important to note that there are fundamental differences between AI and GenAI.
AI in Legal Practice:
AI tools in law are often used for automation and analysis, such as legal research, contract review, e-discovery, and predictive analytics. These systems focus on enhancing efficiency by identifying relevant legal precedents, spotting risks in contracts, or predicting case outcomes based on historical data.
GenAI in Legal Practice:
GenAI is specifically used to create content, such as drafting contracts, legal briefs, or memos. Tools like GPT-based systems can generate entire documents based on prompts, making them useful for first drafts or brainstorming ideas. However, this generative aspect raises unique challenges because the outputs may contain errors, biases, or “hallucinated” information.
One of the greatest risks with GenAI-created content is that the content may appear to be accurate, even where some of it is "hallucinated" — i.e., made up by the GenAI. Advances in the technology, such as Retrieval Augmented Generation (RAG), have reduced the risk of hallucinations, but these tools are not foolproof.
Lex Vivens products and tools utilise AI, not GenAI. But that does not absolve any subscriber of checking outputs thoroughly.
On 20 December 2024 - The New York City Bar Association recently joined several other state bar associations and the American Bar Association (ABA) in providing critical guidance on the ethical implications of using Generative AI ("GenAI") in legal practice. They came up with the 7 C’s guideline.
To navigate these challenges, legal professionals should adhere to the following principles (following the ABA 7 C’s guidelines):
Competence: Lawyers must develop a thorough understanding of AI tools, including their functionalities and limitations. This knowledge ensures that AI is applied appropriately and that its outputs are critically evaluated.
Confidentiality: Protecting client information is paramount. When employing AI, especially cloud-based solutions, it's essential to assess data security measures to prevent unauthorised access or breaches.
Consent: Clients should be informed about the use of AI and specifically GenAI in handling their cases, particularly when GenAI tools are employed for significant tasks such as document generation. Obtaining client consent fosters transparency and trust.
Confirmation: AI-generated outputs must be meticulously reviewed and verified. Lawyers are responsible for ensuring the accuracy and reliability of information produced by any AI systems. Don’t let AI make you lazy. Check the outputs ! AI agents are tools. They DO NOT replace lawyers. They are there to make your work easier, NOT TO DO IT FOR YOU !
Conflicts: Be vigilant about potential conflicts of interest that may arise from AI tools (particularly GenAI) retaining and misusing prior data. Ensuring that AI systems do not inadvertently compromise client interests is crucial.
Candor: In instances where AI-generated content leads to errors, lawyers must address and correct these mistakes transparently, maintaining honesty with clients and the court.
Compliance: Adherence to court rules, Practice Directives, and regulatory standards concerning AI use is essential to uphold the integrity of legal proceedings.
By following these guidelines, legal professionals can ethically integrate AI into their practice, leveraging technological advancements while safeguarding the principles of justice and client trust.
Recent Developments in AI and Legal Ethics
Navigating the seven C's of ethical use of AI by lawyers
US law firms prioritise jobs and safety in AI rollout
El impacto ético que la IA en el ejercicio de la abogacía