Lawyers using AI must heed ethics rules, ABA says in first formal guidance

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Source: Reuters

Lawyers must guard against ethical lapses if they use generative artificial intelligence in their work, the American Bar Association said on Monday.

In its first formal ethics opinion, opens new tab on generative AI, an ABA committee said lawyers using the technology must “fully consider” their ethical obligations to protect clients, including duties related to lawyer competence, confidentiality of client data, communication and fees.

Lawyers and law firms are increasingly using AI tools for legal research, document drafting and analysis, and other tasks in litigation, transactional and other work. New legal technology startups have been attracting large investments as the field develops.

Monday’s opinion from the ABA’s ethics and professional responsibility committee said AI tools can help lawyers increase efficiency but can also carry risks such as generating inaccurate output. Lawyers also must try to prevent inadvertent disclosure or access to client information, and should consider whether they need to tell a client about their use of generative AI technologies, it said.

The ABA is the largest voluntary U.S. attorney membership organization. Its opinions can help lawyers and courts interpret ABA model rules, which are not binding but serve as a guide for enforceable conduct rules set by individual states.

Read full article: https://www.reuters.com/legal/legalindustry/lawyers-using-ai-must-heed-ethics-rules-aba-says-first-formal-guidance-2024-07-29/

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