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What’s holding your agency again from exploring the alternatives that synthetic intelligence (AI) provides? For a lot of attorneys, it’s fears about whether or not their bar affiliation approves of AI.
In accordance with the 2024 Legal Trends for Mid-Sized Law Firms report, 31% of attorneys in mid-sized corporations and 19% of attorneys in smaller corporations consider that their bar affiliation would by no means approve of legislation corporations utilizing AI-powered software program.
Regardless of this perspective amongst attorneys, we all know now that a number of states have, actually, begun approving AI ethics opinions regarding AI use within the authorized career (the newest examples on the time of writing being California and Florida). Moreover, no bar affiliation has acknowledged that they’ll by no means approve of legislation corporations utilizing AI instruments.
Whether or not your state bar has launched an AI ethics opinion or has but to take action, attorneys ought to take the time to familiarize themselves with how bar associations are approaching AI regulation, typically. Under, we’ll present a quick overview of Florida’s latest AI ethics opinion, together with some ideas for staying on prime of AI utilization in your legislation agency.
What the Florida Bar’s AI ethics opinion suggests for lawyer AI use
The Florida Bar launched its advisory AI ethics opinion, Opinion 24-1, on January 24, 2024, which covers ethics surrounding AI use.
Primarily, Opinion 24-1 confirms that attorneys can use AI when training legislation. Nonetheless, when utilizing AI, attorneys should prioritize consumer confidentiality, apply precisely and competently, keep away from unethical billing strategies, and adjust to lawyer promoting restrictions. We’ll focus on every of those subjects in somewhat extra element under.
Notice that Opinion 24-1 will not be meant to be a complete listing of AI-related points (nor are the next paragraphs meant to be a complete abstract of Opinion 24-1!). Legal professionals should due to this fact train widespread sense when utilizing AI instruments in any respect phases of authorized apply.
Prioritizing consumer confidentiality
Legal professionals who use generative AI have an obligation to guard their consumer’s confidential info, together with educating themselves on the instrument’s insurance policies on knowledge dealing with, sharing, and self-learning. Nonetheless, attorneys don’t have to get hold of their consumer’s consent to make use of AI in relation to their case until they should disclose confidential consumer info to take action.
Practising precisely and competently
On the finish of the day, attorneys are chargeable for their work—no matter whether or not an AI instrument is concerned. To that finish, attorneys should assessment AI work merchandise to make sure they’re correct and ample for his or her purchasers’ functions. Moreover, Opinion 24-1 confirms that attorneys might not delegate any duties to AI instruments that might represent the apply of legislation (for instance, negotiating a settlement).
Steering away from unethical billing strategies
Legal professionals might save time on routine authorized duties through the use of AI; nevertheless, they have to invoice truthfully and precisely and keep away from unethical billing practices resembling double billing or inflated billing. Legal professionals should additionally notify purchasers in the event that they intend to cost them for the usage of AI instruments.
Complying with lawyer promoting restrictions
Legal professionals should train warning when utilizing AI to help with promoting and consumption—particularly, the place the usage of AI chatbots is worried. Legal professionals should make sure that potential purchasers are conscious they’re speaking with AI (and never an actual lawyer) and are chargeable for any points arising as a result of info offered by the chatbot (e.g., the place a chatbot offers deceptive info to a potential consumer).
Produce other state bar associations launched AI ethics opinions?
Florida isn’t the one state bar to have offered an AI ethics opinion. As of the date of publication, 4 state bar associations (Michigan, California, Florida, and New Jersey) have issued steerage on AI use within the authorized career, with extra undoubtedly coming down the pipe imminently.
What ought to I do if my state has not issued an AI ethics opinion?
Even when your bar affiliation has not but issued an AI ethics opinion, it’s prudent to observe the steerage being offered by Florida and the bar associations famous above. For probably the most half, the suggestions made by these bar associations are broad (and, frankly, common-sensical) sufficient to be related no matter your jurisdiction’s particular guidelines.
Take into account additionally revisiting your state bar affiliation’s guidelines {of professional} conduct to verify whether or not any AI-related actions you propose to implement in your legislation agency could also be at odds with present directives and different AI ethical considerations. For instance, many state bar associations supply ethics opinions on cloud computing which will present some insights relevant to the usage of synthetic intelligence.
AI ethics opinions and your authorized apply
Regardless of issues amongst attorneys that bar associations won’t ever approve of AI use, it seems that the other is true: bar associations are starting to launch AI ethics opinions outlining how attorneys can implement AI of their corporations whereas persevering with to fulfill their skilled obligations.
Start by familiarizing your self together with your bar affiliation’s ethics opinion (or, in case your bar hasn’t but issued its personal opinion, familiarizing your self with the bar associations famous above) and revisiting your state bar affiliation’s guidelines {of professional} conduct. Then, begin serious about how one can assist your coworkers and colleagues in understanding how AI needs to be utilized in your agency. This might contain engaged on an AI use coverage on your legislation agency, creating an AI committee, and even internet hosting a “lunch and study” (or two) to make sure your workforce is safely leveraging AI.
And, when you’re simply diving into the world of authorized AI, try Clio Duo—Clio’s forthcoming proprietary AI know-how, designed particularly for legislation corporations and constructed on our platform-wide precept of defending delicate authorized knowledge.
We revealed this weblog put up in February 2024. Final up to date: .
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