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  • schedule 90 minutes

New Ethics Rules for Using Generative AI in the Practice of Law: Complying With ABA Formal Opinion 512

$197.00

This course is $0 with these passes:

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Description

Formal Opinion 512 (July 29, 2024) is the American Bar Association's first formal guidance on the use of GAI in the practice of law and it focuses on ethical issues created by GAI's ability to create "new" content, whether in the litigation or transactional setting. It is must reading--and understanding--for every lawyer.

The opinion's framework for the ethical use of GAI is comprehensive and aims to ensure lawyers uphold their professional responsibilities if using GAI. The order is important: ethics first, technology second.

The new opinion specifically addresses attorneys' duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.

Listen as this panel explores the ABA's first guidance about using GAI in the practice of law.

Presented By

Maura R. Grossman
Research Professor
David R. Cheriton School of Computer Science at the University of Waterloo

Ms. Grossman, J.D., Ph.D., is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, an Adjunct Professor at Osgoode Hall Law School of York University, and an affiliate faculty member at the Vector Institute of Artificial Intelligence, all in Ontario, Canada. She also is Principal at Maura Grossman Law, an eDiscovery law and consulting firm in Buffalo, New York. Ms. Grossman is most well known for her scholarly work on technology-assisted review (“TAR”), which has been widely cited in the case law, both in the U.S. and abroad. She is also known for her appointments as a special master and/or as an expert in multiple, high-profile federal and state court cases. In addition to her J.D. from the Georgetown University Law Center, Ms. Grossman also holds M.A. and Ph.D. degrees in Psychology from the Derner Institute of Adelphi University.   

Jan L. L. Jacobowitz
Founder & Owner
Legal Ethics Advisor, LLC

Jan L. Jacobowitz is a legal ethics, social media, and technology expert who is the founder andowner of Legal Ethics Advisor. For over a decade, she was the Director of the ProfessionalResponsibility and Ethics Program (PREP) at the University of Miami's School of Law. UnderJan’s direction, PREP was a 2012 recipient of the ABA’s E Smythe Gambrell Award---theleading national award for a professionalism program.Jan provides legal ethics consulting, opinion letters, and CLE training to law firms and legalorganizations. She also serves as a legal ethics expert in litigation matters. Recently, she hasbeen involved in matters involving issues such as attorney fees, conflicts of interest, theunauthorized practice of law, advertising, and the multi-jurisdictional practice of law.She is the immediate Past President of the Association of Professional Responsibility Lawyers(APRL) and the co-chair of its Future of Lawyering Committee (FOL). As a co-chair of FOL, Janparticipates in the ongoing national conversation concerning rethinking attorney regulation toaddress issues of access to legal services, the unauthorized practice of law, and lawyerspartnering with nonlawyers.Jan is the co-author of the book, Legal Ethics And Social Media, A Practitioner's Handbook, andis among the first law school faculty throughout the country to teach Social Media and the Law.She also co-developed the course Mindful Ethics: Professional Responsibility for Lawyers in theDigital Age, which served as the catalyst for the book that she co-authored, Mindfulness &Professional Responsibility—Incorporating Mindfulness into the Law School Curriculum.Jan served as one of five members of the Miami-Dade Commission on Ethics and the PublicTrust from 2018-2020. She was the Vice Chairman of Broward County’s Committee onOversight of the Inspector General from 2011 until May 2018.Jan has presented at hundreds of Ethics CLE Seminars and has been a featured speaker ontopics such as Social Media and Advertising, Technology, Lawyer's First Amendment Rights,Cultural Competence, Cybersecurity, Mindful Ethics, Litigation Funding, eDiscovery, AttorneyFees, Cannabis, and Artificial Intelligence. She has also authored law review and journal articlesin many of these areas.Prior to devoting herself to legal education and legal ethics consulting, Jan practiced law forover twenty years. She began her career as a Legal Aid attorney in the District of Columbia;prosecuted Nazi war criminals at the Office of Special Investigations of the U.S. Department ofJustice; and was in private practice with general practice and commercial litigation firms inWashington and Miami.Jan has a J.D. from George Washington University and a B.S. in Speech from NorthwesternUniversity. She is a certified civil court mediator and an active member of the California Bar, theD.C. Bar and the Florida Bar.

Kiriaki Tourikis
Attorney
Reed Smith

Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and information governance, data privacy, records and e-discovery. She advises large financial services institutions on enterprise data risk management strategies to manage legal and regulatory issues associated with both traditional and innovative techonologies and data sources.Ms. Tourikis' practice involves advising clients on lowering risk associated with using and storing information across jurisdictions. In her role, she counsels large financial institutions, on all aspects of data risk management and the discovery and management of electronic data, including: data migrations; technology implementation and management; the policies and procedures regarding the governance of information in various technologies; eDiscovery strategy and management; the use of data analytics for eDiscovery, compliance and risk management; the development of data source catalogues, disclosures, and responses relating to electronically stored information; and the remediation of legacy data (both paper and electronic).

Credit Information
  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.


  • Live Online


    On Demand

Date + Time

  • event

    Monday, September 30, 2024

  • schedule

    1:00 p.m. ET./10:00 a.m. PT

  1. Introduction to GAI
  2. Analysis of topics in Formal Opinion 512
    1. Competence
    2. Confidentiality
    3. Communication
    4. Meritorious claims and contentions and candor toward the tribunal
    5. Supervisory responsibilities
    6. Fees
  3. Rules cited
    1. Model Rule 1.1
    2. Model Rule 1.4
    3. Model Rule 1.5
    4. Model Rule 1.6
    5. Model Rule 1.9
    6. Model Rule 1.18
    7. Model Rules 3.1, 3.3, and 8.4(c)
    8. Model Rules 5.1 and 5.3
  4. Other relevant ABA formal ethics opinions

The panel will review these and other key issues:

  • What does it mean to understand the capabilities and limitations of GAI tools?
  • How can lawyers satisfy their duty of confidentiality when using a GAI tool that requires input of information relating to a representation?
  • When must lawyers disclose their use of a GAI tool to clients?
  • What level of review of a GAI tool's process or output is necessary?
  • What constitutes a reasonable fee or expense when lawyers use a GAI tool to provide legal services to clients?