AI in the Legal Profession
Impact on the Practice of Law. Consistent with the Model Rules of Professional Conduct, lawyers must recognize that the widespread use and rapid evolution of AI products and capabilities raise significant issues for lawyers, law practices, and clients.
Ethical Issues for Attorneys. AI will raise complex and challenging ethical questions that implicate the principles of confidentiality, competence, practice management, and honesty. Lawyers could face potential risks of the unauthorized practice of law when using AI tools. Lawyers must understand the risks that AI can pose to client confidential data, and to inadvertently waiving attorney-client and attorney work product privileges.
Impact on the Courts and Judicial Systems. AI is increasingly being used by judges in court administration, and in the criminal justice system. Judges are encountering legal issues with AI, and several courts have issued opinions raising concerns or imposing constraints on lawyers’ use of AI. AI will create challenges for the use of evidence in Court, such as to establish the trustworthiness and integrity of evidence.