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Course Details

This CLE webinar will guide counsel on navigating the challenges when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations. The panel will also offer best practices for ensuring compliance with ethical obligations and protecting confidential information. 

Faculty

Description

The ABA Model Rules of Professional Conduct Rule 1.1 requires attorneys to "provide competent representation to a client." As such, attorneys have an ethical duty to be competent when using AI or other technology in their practice.

Client confidentiality is a core duty of the attorney. Under Rule 1.6 "a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent" and, when using AI, attorneys must be aware and take action to mitigate the risk of exposing client information. Further, because AI relies on the information input to train its models, platforms need to have data privacy and security safeguards in place. Failure to do so could mean exposure of sensitive information.

While generative AI is opening new doors with time-saving tools, the technology has limitations that could be problematic if left unchecked. The limitations typically center around the accuracy of its output and the data used to train its systems. Proper oversight is critical when using AI in the practice of law. To meet the duty of professional competence, an attorney needs to provide oversight of any work product generated from AI.

Relying on AI-generated or informed work product does not meet the ethical duty of professional competence if a lawyer does not understand how the AI operates and does not play an active role in the oversight of any work product it generates.

Listen as our expert panel discusses the challenges facing attorneys when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations and will offer best practices for ensuring compliance with the attorney's ethical obligations and protecting confidential information. 

Outline

I. Ethical challenges

A. Duty of competence

B. Duty of confidentiality

C. Duty of supervision

II. Privacy and security considerations

III. Best practices for ethical compliance and protection of confidential information

Benefits

The panel will review these and other critical issues:

  • What hurdles confront counsel in ensuring confidentiality of client information when using AI?
  • What steps should counsel take to comply with the ethical obligations?
  • What procedures should be in place to ensure supervision when using AI?