Practice Law With AI (Without Losing Your Law License)

In May 2023, a federal judge in New York discovered six fake cases cited in a plaintiff’s attorney’s brief. The lawyer’s response? He used ChatGPT and was “unaware of the possibility that its contents could be false.” The subsequent sanctions hearing spurred much conversation in the legal community. Should lawyers steer clear of AI tools like ChatGPT? Or would prohibiting the use of AI altogether be a disservice to lawyers and their clients? So long as lawyers understand the limitations of the technology and their responsibilities under the rules of professional conduct, AI tools have the potential to greatly benefit their practice.

Topics covered include:

Artificial Intelligence (AI) Legal Ethics Legal Industry Trends Legal Tech

Agenda:

When AI Is Wrong: Mata v. Avianca, Inc.

A review of Mata v. Avianca, Inc., where a New York attorney was sanctioned for submitting a brief written with ChatGPT that cited fake cases, quotes, and citations
How judges and courts are responding to the use of AI by lawyers

What Is AI?

AI is a tool used to imitate intelligent human behavior
Tools like generative AI are not programmed, they are trained
How does an AI tool like ChatGPT work?
The advantages and disadvantages of AI

Using AI in Your Practice

Communications
Research
Contracts
Pleadings
Discovery
Trial
Marketing

The Ethics of Using AI in Your Practice

ABA Model Rule 1.1 (Comment 8)
ABA Model Rule 5.3
ABA Formal Opinion 506
ABA Model Rule 3.3
ABA Model Rule 1.6
Other potential issues, including data breaches, copyright, etc.

Questions & Answers

Duration of this webinar: 60 minutes

Originally broadcast: July 31, 2023 12:00 PM 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 Speaker Background

The webinar begins with an introduction to the speakers, Kara and Marina, who are both attorneys with diverse backgrounds in law and content creation. Kara highlights the importance of understanding AI in legal practice, citing the case of Steven Schwartz, a lawyer who faced sanctions for using AI-generated fake cases. The incident underscores the need for caution when using AI tools, as some judges now require lawyers to verify AI-generated content. The speakers aim to provide insights on improving law practice with AI while avoiding ethical pitfalls. The introduction sets the stage for a discussion on AI's role in legal practice and the potential consequences of misuse.

05:58 Understanding AI and Its Applications

Marina explains AI as a tool designed to imitate intelligent human behavior, with examples like ChatGPT and Bing's integration of AI. AI tools are trained rather than programmed, continuously learning from data sets to improve their algorithms. AI's ubiquity is noted, with brands using it for content generation and debates on its use in schools and professional settings. The advantages of AI include efficiency and scalability, but caution is advised due to limitations in knowledge and potential biases. AI can streamline tasks and amplify skills, but users must be aware of its limitations and exercise caution.

14:16 AI in Legal Practice

AI can assist in drafting communications, generating client intake checklists, and conducting legal research, but caution is needed to protect sensitive information. Westlaw's AI tools, like Quick Check and litigation analytics, offer advanced research capabilities, but their effectiveness is yet to be fully assessed. AI can help with contract review by summarizing provisions and identifying favorable or unfavorable clauses, though accuracy remains a concern. AI tools like Spellbook claim to draft contracts, but users must ensure compliance with legal standards and ethical obligations. AI can streamline discovery processes, but lawyers must remain vigilant to avoid overlooking privileged information. The potential of AI in legal practice is vast, but its use requires careful consideration and professional judgment. AI tools can aid in trial preparation by generating persuasive arguments and simplifying complex legal concepts for juries. AI's role in marketing is highlighted, with tools like ChatGPT assisting in content creation and client interaction.

35:37 Ethical Considerations and Professional Obligations

Ethical concerns arise with AI use, including the duty of competence and confidentiality, requiring lawyers to understand AI's capabilities and limitations. AI tools must be supervised like non-lawyer assistants, ensuring compliance with professional obligations and avoiding unauthorized practice of law. Lawyers must verify AI-generated content to maintain candor towards the tribunal and protect client confidentiality. The discussion emphasizes the importance of understanding AI's impact on legal practice and the need for caution in its use.

50:51 Future Implications and Audience Interaction

Audience interaction reveals mixed experiences with AI, with many planning to test AI tools following the presentation. Concerns about AI include data sensitivity, accuracy, and the potential for stricter penalties for misuse in legal practice. AI's impact on legal practice is seen as beneficial for minor tasks and brainstorming, with hopes for improved document review capabilities. The presentation concludes with a call for lawyers to explore AI tools while maintaining professional responsibility and caution. The speakers encourage continued learning and adaptation to AI's evolving role in the legal field.

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 General

Earn Credit Until: July 30, 2025

South Carolina CLE

Status: Approved

Credits: 1.00 General

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: January 31, 2026

This presentation is approved for one hour of General CLE credit in California, one hour of General 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.
This presentation is approved for one hour of General CLE credit in California from 2025-07-31 to 2026-06-30.

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Speakers

Kara Simon Editorial Team Member at Justia

Kara Simon is a lawyer and a member of the Justia Editorial Team. In this role, she blends her knowledge of the law with her skill in crafting engaging and approachable content. She earned her B.A. in writing from John Carroll University and her J.D. from Loyola University Chicago School of Law, where she served as the Technical Production Editor of the Annals of Health Law and Life Sciences and a Health Justice Project Fellow. Before joining Justia, Kara worked as a litigation attorney in Chicago.

Marina J. Wilson Associate Attorney
DeShazo Adams, LLC

Marina J. Wilson’s practice includes employment, education, and other civil matters. She received her bachelor’s degree from the University of Georgia and earned her J.D. cum laude from the Louisiana State University Law Center. While at LSU Law, Marina received the 2nd Place Best Oralist award in the Dean’s Cup Competition, was a Semifinalist at the National Energy & Sustainability Moot Court Competition, and earned recognition for her academic performance. Prior to returning to practice, Marina worked on free law projects and legal marketing solutions at Justia.

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