AI for Lawyers: Navigating Ethics & Best Practices

Greg Siskind will provide an overview of ethical rules governing a lawyer’s use of generative artificial intelligence as well as other potential sources of liability including state and federal laws, court rules, and malpractice claims. He will also discuss how to get the most use out of generative AI products including providing tips on creating prompts, how to shop for AI tools, and how to talk to your clients about your use of this new technology.

Topics covered include:

Legal Ethics Artificial Intelligence (AI) Legal Tech

Agenda:

Overview of Ethical Rules Governing a Lawyer’s Use of Generative Artificial Intelligence
- Ethics compliance
- Malpractice insurance carriers
- Court rules
- Regulatory oversight
Discussion of Additional Potential Sources of Liability
- State and federal laws
- Court rules
- Malpractice claims
Tips for Maximizing the Use of Generative AI Products
- Creating effective prompts
- Shopping for AI tools
- Communicating with clients about the use of generative AI
Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: December 11, 2024 11:00 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 and Overview

Greg plans to discuss the ethical implications and liability concerns of using AI in legal practice. He shares his early experiences with technology in law, noting past ethical debates about using websites and email. Greg aims to explore how AI can be responsibly integrated into legal practices.

05:17 Understanding Generative AI

Greg reflects on past skepticism about the internet and email, drawing parallels to current uncertainties about AI. He introduces generative AI, explaining its ability to generate content from prompts, unlike traditional AI. Greg highlights major players in the generative AI space, such as ChatGPT, Claude, and Gemini. He explains that generative AI generates responses based on patterns from vast data sources, which can lead to errors. Greg discusses the concept of 'temperature' in AI, affecting the conservativeness of responses. He lists legal AI products, including Co-Counsel and Lexis AI, and their applications in legal tasks. Greg plans to discuss how to shop for AI products and their use in legal practice.

15:37 Legal Applications and Risks

Greg discusses the risks of using generative AI, citing a case where a lawyer used ChatGPT and found non-existent cases. He warns about AI's tendency to 'hallucinate,' producing incorrect but confident-sounding answers. Data privacy is a significant concern, since input data can be used to train AI models and potentially be accessed by others. Greg mentions tools that allow private access to AI, mitigating some privacy risks. He notes that AI's reliance on outdated data has improved with newer models accessing live web data. Bias in AI responses is a risk due to the vast and varied data sources from which AI draws. Greg highlights ongoing copyright litigation against AI models and the need for oversight in AI use.

26:26 Ethical Considerations and Compliance

Greg emphasizes the importance of understanding court and regulatory rules regarding AI use in legal practice. He mentions international developments, such as Australia's ban on AI-generated witness statements. Greg discusses the EU's AI regulations and similar efforts in California and by the Biden administration. He advises caution with free AI products, recommending versions that ensure data privacy. Greg highlights the need to stay informed about court stances on AI, using resources like Ropes & Gray's chart. He outlines ethical considerations, including competence, confidentiality, and fee reasonableness. Greg stresses the importance of disclosing AI use to clients and maintaining professional independence.

52:06 AI Tools and Best Practices

Greg advises on creating AI use policies, including training modules for firm employees. He suggests discussing AI use with clients early, incorporating it into engagement letters. Greg offers to share model AI use policies and engagement letter language. He discusses legal research tools, emphasizing the importance of curated data sources and citation verification. Greg highlights the need for tools that handle confidential data securely and integrate with existing systems. He notes the potential of AI in drafting, translation, and document analysis, predicting advancements in 2025. Greg mentions tools like Pattern Builder for drafting and Billables.ai for time tracking.

01:07:21 Client Communication and AI Integration

Greg discusses the benefits of AI in client communication, emphasizing efficiency and transparency. He advises building trust with clients by explaining AI's role and addressing security concerns. Greg shares his approach to using AI in consultations, demonstrating its capabilities to clients. He stresses the importance of verifying AI-generated information and maintaining client trust. Greg suggests being upfront about AI use and addressing client concerns about its integration. He predicts AI will become an expected tool in legal practice, enhancing efficiency and client relationships. Greg concludes by offering his contact information for further inquiries and resources.

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: November 30, 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

Greg Siskind Founding Partner
Siskind Susser, PC

Greg Siskind is a founding partner of Siskind Susser and has been practicing immigration law since 1990. He is also a co-founder of AI software company Visalaw Ventures. He received his bachelor’s degree from Vanderbilt University and his law degree from the University of Chicago. Read More ›