Justia Connect Webinars AI & Ethics: Using Artificial Intelligence Responsibly in Legal Practice

AI & Ethics: Using Artificial Intelligence Responsibly in Legal Practice

This presentation will provide an overview of AI ethical issues in the legal practice. It will cover examples of why lawyers have been sanctioned for unethical use of AI and the applicability of existing ethical obligations to the use of AI, including guidance from various state bars (FL, CA, NY, DC). It will also cover how courts have addressed lawyers' use of AI, including sample local rules on use/prohibition of AI in judicial proceedings and a thoughtful concurring opinion by an appellate judge advocating for limited judicial use of AI by judges.

Topics covered include:

Legal Ethics Artificial Intelligence (AI) Law Practice Legal Tech

Agenda:

Overview of AI Ethical Issues in Legal Practice
- Brief introduction of the presenter
- Summary of topics to be covered and anticipated takeaways
Examples of How Things Have Gone Wrong
- Examples of why lawyers have been sanctioned for unethical use of AI
Applicability of Existing Ethical Obligations to Use of AI
- Guidance from various state bars (FL, CA, NY, DC)
How Courts Have Addressed Lawyers’ Use of AI
- Sample local rules on use/prohibition of AI
- Concurring judicial opinion advocating for limited judicial use of AI by judges
Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: September 18, 2024 10:00 AM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

James Gatto, the speaker, is an expert in AI legal issues with extensive experience and credentials. James begins by discussing the use of AI in legal services, highlighting the lack of prohibition but the need for safeguards. He categorizes AI use in law into non-delivery services like firm administration and delivery services like document review. James stresses the importance of understanding AI's role in legal practice and the associated ethical considerations.

05:15 AI in Legal Practice: Opportunities and Risks

James discusses the use of AI tools in delivering legal services, such as document review and legal research. He emphasizes that existing ethical rules apply to AI use, with guidance from bar associations on their application. The discussion includes the variability in ethical considerations based on the tools and the context of their use. James provides an overview of state bar guidance on AI, highlighting the importance of understanding these principles. He stresses the need for lawyers to remain vigilant and informed about AI's ethical implications.

10:31 General Ethical Considerations

James highlights the importance of understanding the risks and benefits of technology in legal services. He discusses the evolution of AI from deterministic to generative models, emphasizing the latter's ability to create new content. Generative AI's potential to produce inaccurate information, or 'hallucinations,' is a significant concern. James explains the importance of understanding how AI tools process and retain information, especially regarding confidentiality. He advises developing policies to mitigate risks and ensure compliance with ethical standards.

15:50 Confidentiality and AI Tools

James explains the importance of understanding how AI tools handle inputs and outputs to protect client confidentiality. He cautions about using confidential information in AI prompts and stresses the need for clear policies and training. James discusses the distinction between free and paid versions of AI tools, with the latter often offering better confidentiality protections. He introduces retrieval augmented generation (RAG) technology, which uses internal documents to enhance AI outputs. James warns against using client-specific documents in RAG systems due to potential confidentiality breaches.

25:54 Supervision and Responsibility

James discusses the duty of supervision, emphasizing the lawyer's responsibility for AI use by staff. He cites cases where lawyers faced sanctions for failing to supervise AI use, highlighting the need for policies and training. James recounts the Avianca case, where an attorney was sanctioned for using AI-generated false citations. He stresses the importance of verifying AI outputs and maintaining accuracy to avoid ethical violations.

36:29 Client Relations and Fee Structures

James discusses the duty of communication and fee transparency with clients regarding AI use. He advises informing clients about AI use, especially if it affects the service or introduces risks. James explains that AI can offer efficiencies, but billing should reflect actual time spent, not time saved. He highlights the potential for alternative fee arrangements to balance client savings and firm investments.

41:56 Bias, Discrimination, and Legal Practice

James warns of AI's potential to produce biased or discriminatory outputs and the importance of diligence in tool selection. He references NIST guidelines as a standard for ensuring unbiased AI training. He highlights the role of courts in setting rules for AI use, including accuracy certifications and disclosure requirements. James discusses the unauthorized practice of law, warning against AI tools that provide legal advice.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.00 Legal Ethics

Earn Credit Until: June 30, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: August 31, 2025

This presentation is approved for one hour of Legal Ethics CLE credit in California, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speaker

James Gatto AI Team Leader
Sheppard Mullin

Jim Gatto is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office. He is Co-Leader of the Artificial Intelligence Team, the Blockchain & Fintech Team, and Leader of the Open Source Team. Read More ›

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