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What’s holding your agency again from exploring the alternatives that synthetic intelligence (AI) affords? For a lot of attorneys, it’s fears about whether or not their bar affiliation approves of AI.
In keeping with the 2024 Authorized Traits for Mid-Sized Regulation Companies report, 31% of attorneys in mid-sized corporations and 19% of attorneys in smaller corporations imagine that their bar affiliation would by no means approve of legislation corporations utilizing AI-powered software program.
Regardless of this angle amongst attorneys, we all know now that a number of states have, the truth is, begun approving AI ethics opinions regarding AI use within the authorized occupation (the newest examples on the time of writing being California and Florida). Moreover, no bar affiliation has said that they may 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, usually. Under, we’ll present a quick overview of Florida’s latest AI ethics opinion, together with some ideas for staying on high 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.
Basically, Opinion 24-1 confirms that attorneys can use AI when practising legislation. Nevertheless, when utilizing AI, attorneys should prioritize shopper confidentiality, apply precisely and competently, keep away from unethical billing strategies, and adjust to lawyer promoting restrictions. We’ll talk about every of those matters in a bit extra element under.
Observe that Opinion 24-1 isn’t meant to be a complete record 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 shopper confidentiality
Legal professionals who use generative AI have an obligation to guard their shopper’s confidential info, together with educating themselves on the software’s insurance policies on knowledge dealing with, sharing, and self-learning. Nevertheless, attorneys don’t have to acquire their shopper’s consent to make use of AI in relation to their case except they should disclose confidential shopper info to take action.
Training precisely and competently
On the finish of the day, attorneys are chargeable for their work—no matter whether or not an AI software is concerned. To that finish, attorneys should evaluate AI work merchandise to make sure they’re correct and enough for his or her purchasers’ functions. Moreover, Opinion 24-1 confirms that attorneys could not delegate any duties to AI instruments that would represent the apply of legislation (for instance, negotiating a settlement).
Steering away from unethical billing strategies
Legal professionals could save time on routine authorized duties through the use of AI; nevertheless, they have to invoice actually and precisely and keep away from unethical billing practices comparable to 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 because of the info supplied by the chatbot (e.g., the place a chatbot offers deceptive info to a potential shopper).
Produce other state bar associations launched AI ethics opinions?
Florida isn’t the one state bar to have supplied an AI ethics opinion. As of the date of publication, 4 state bar associations (Michigan, California, Florida, and New Jersey) have issued steering on AI use within the authorized occupation, 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 steering being supplied by Florida and the bar associations famous above. For essentially 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.
Contemplate additionally revisiting your state bar affiliation’s guidelines {of professional} conduct to verify whether or not any AI-related actions you intend to implement in your legislation agency could also be at odds with present directives and different AI moral issues. For instance, many state bar associations provide ethics opinions on cloud computing that 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 alternative is true: bar associations are starting to launch AI ethics opinions outlining how attorneys can implement AI of their corporations whereas persevering with to satisfy 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 fascinated about how one can assist your coworkers and colleagues in understanding how AI must be utilized in your agency. This might contain engaged on an AI use coverage to your legislation agency, growing an AI committee, and even internet hosting a “lunch and be taught” (or two) to make sure your staff is safely leveraging AI.
And, should 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 publish in February 2024. Final up to date: February 15, 2024.
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