MTC: Can Lawyers Ethically Use Generative AI with Public Documents? 🤔 Navigating Competence, Confidentiality, and Caution! ⚖️✨

Lawyers need to be concerned with their legal ethics requirements when using AI in their work!

After my recent interview with Jayne Reardon on The Tech-Savvy Lawyer.Page Podcast 🎙️ Episode 99, it made me think: “Can or can we not use public generative AI in our legal work for clients by only using publicly filed documents?” This question has become increasingly relevant as tools like ChatGPT, Google's Gemini, and Perplexity AI gain popularity and sophistication. While these technologies offer tantalizing possibilities for improving efficiency and analysis in legal practice, they also raise significant ethical concerns that lawyers must carefully navigate.

The American Bar Association (ABA) Model Rules of Professional Conduct (MRPC) provide a framework for considering the ethical implications of using generative AI in legal practice. Rule 1.1 on competence is particularly relevant, as it requires lawyers to provide competent representation to clients. Many state bar associations provide that lawyers should keep abreast of the benefits and risks associated with relevant technology. This scrutiny highlights AI’s growing importance in the legal profession.

However, the application of this rule to generative AI is not straightforward. On one hand, using AI tools to analyze publicly filed documents and assist in brief writing could be seen as enhancing a lawyer's competence by leveraging advanced technology to improve research and analysis. On the other hand, relying too heavily on AI without understanding its limitations and potential biases could be seen as a failure to provide competent representation.

The use of generative ai can have complex ethic's’ requirements.

The duty of confidentiality, outlined in 1.1, presents another significant challenge when considering the use of public generative AI tools. Lawyers must ensure that client information remains confidential, which can be difficult when using public AI platforms that may store or learn from the data input into them. As discussed in our October 29th editorial, The AI Revolution in Law: Adapt or Be Left Behind (& where the bar associations are on the topic), state bar associations are beginning (if not already begun) scrutinizing lawyers use of generative AI. Furthermore, as Jayne Reardon astutely pointed out in our recent interview, even if a lawyer anonymizes the client's personally identifiable information (PII), inputting the client's facts into a public generative AI tool may still violate the rule of confidentiality. This is because the public may be able to deduce that the entry pertains to a specific client based on the context and details provided, even if they are "whitewashed." This raises important questions about the extent to which lawyers can use public AI tools without compromising client confidentiality, even when taking precautions to remove identifying information.

State bar associations have taken varying approaches to these issues. For example, the Colorado Supreme Court has formed a subcommittee to consider recommendations for amendments to their Rules of Professional Conduct to address attorney use of AI tools. Meanwhile, the Iowa State Bar Association has published resources on AI for lawyers, emphasizing the need for safeguards and human oversight.

The potential benefits of using generative AI in legal practice are significant. As Troy Doucet discussed in 🎙️Episode 92 of The Tech-Savvy Lawyer.Page Podcast, AI-driven document drafting systems can empower attorneys to efficiently create complex legal documents without needing advanced technical skills. Similarly, Mathew Kerbis highlighted in 🎙️ Episode 85 how AI can be leveraged to provide more accessible legal services through subscription models.

Do you know what your generative ai program is sharing with the public?

However, the risks are equally significant. AI hallucinations - where the AI generates false or misleading information - have led to disciplinary actions against lawyers who relied on AI-generated content without proper verification. See my editorial post My Two Cents: If you are going to use ChatGTP and its cousins to write a brief, Shepardize!!! Chief Justice John Roberts warned in his 2023 Year-End Report on the Federal Judiciary that "any use of AI requires caution and humility".

Given these considerations, a balanced approach to using generative AI in legal practice is necessary. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but with several important caveats:

1. Verification: All AI-generated content must be thoroughly verified for accuracy. Lawyers cannot abdicate their professional responsibility to ensure the correctness of legal arguments and citations.

2. Confidentiality: Extreme caution must be exercised to ensure that no confidential client information is input into public AI platforms.

3. Transparency: Lawyers should consider disclosing their use of AI tools to clients and courts, as appropriate.

The convergence of ai, its use in the practice of law, and legal ethics is here now1

4. Understanding limitations: Lawyers must have a solid understanding of the capabilities and limitations of the AI tools they use.

5. Human oversight: AI should be used as a tool to augment human expertise, not replace it.

This blog and podcast has consistently emphasized the importance of these principles. In our discussion with Katherine Porter in 🎙️ Episode 88, we explored how to maximize legal tech while avoiding common pitfalls. In my various posting, there has always been an emphasis on the need for critical thinking and careful consideration before adopting new AI tools.

It's worth noting that the legal industry is still in the early stages of grappling with these issues. As Jayne Reardon explored in 🎙️ Episode 99 of our podcast, the ethical concerns surrounding lawyers' use of AI are complex and evolving. The legal profession will need to continue to adapt its ethical guidelines as AI technology advances.

While generative AI tools offer exciting possibilities for enhancing legal practice, their use must be carefully balanced against ethical obligations. Lawyers can potentially use these tools to analyze publicly filed documents and assist in brief writing, but they must do so with a clear understanding of the risks and limitations involved. As the technology evolves, so too must our approach to using it ethically and effectively in legal practice.

MTC

The AI Revolution in Law: Adapt or Be Left Behind (& where the bar associations are on the topic).

Its a pivotal moment for attorneys as generative ai has made a huge impact on the field of law.

Recently in a groundbreaking revelation at the 2024 Clio Cloud Conference, Jack Newton, CEO and founder of CLIO, unveiled a startling statistic that's set to reshape the legal landscape. "79% of legal professionals [are] now incorporating AI tools into their daily work—a significant jump from just 19% in 2023" Newton announced, highlighting an unprecedented rate of technology adoption in the legal sector.

This meteoric rise in AI usage among lawyers is not just impressive; it's transformative. Newton emphasized the critical nature of this shift, stating, "If you don't embrace AI, you are at a fundamental competitive disadvantage, and you will lose". Despite this blogs ongoing drum beat that AI is significantly impacting the practice of law, his words should serve as a wake-up call to legal professionals worldwide: the AI revolution is here, and it's moving faster than any technological advancement we've seen before.

The rapid adoption of AI in law practice isn't just about staying current; it's about survival in an increasingly competitive field. As AI tools become more sophisticated and integrated into daily legal work, lawyers who fail to adapt risk falling behind their tech-savvy counterparts. From streamlining document review to enhancing legal research capabilities, AI is proving to be an indispensable tool in the modern law office.

However, with great power comes great responsibility. As lawyers rush to incorporate AI into their practices, they must navigate the complex ethical landscape that comes with this new technology. State bar associations across the country are scrambling to issue guidelines and ethics opinions to ensure that the use of AI aligns with professional standards and client interests. 

Lawyers who don’t embrace technology and AI into their practice of law are going to find themselves left behind by others who do!

The American Bar Association has taken a lead role in this effort, issuing Formal Opinion 512 on "Generative Artificial Intelligence Tools" in July 2024. This opinion emphasizes that while lawyers need not become AI experts, they must develop a "reasonable understanding of the capabilities and limitations" of the AI tools they use[1]. Many state bars are following suit, Below, I have attempted to provide a comprehensive list of bar associations that have “required,” “suggested,” or are “studying” ethical requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.)

At The Tech-Savvy Lawyer.Page, we've been at the forefront of this discussion, providing in-depth analyses and practical advice for lawyers navigating the AI landscape. Our recent posts on "Understanding the Ethical Implications of AI in Law Practice" and "The White House's New Ai Guidelines: What Lawyers Need To Know!" offer valuable insights into how to integrate AI tools ethically and effectively.

As the legal profession stands at this technological crossroads, it's clear that embracing AI is no longer optional—it's imperative. Lawyers must not only learn to use these tools but also understand the ethical obligations that come with them. State bar requirements are evolving rapidly, and staying informed is crucial.

The message is clear: adapt, learn, and thrive in this new AI-driven legal landscape, or risk being left behind. The future of law is here, and it's powered by artificial intelligence. Are you ready to lead the charge?

MTC

List of Bar Associations that have “REQUIRED,” “SUGGESTED,” or are “STUDYING” Ethical Requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.)

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List of Bar Associations that have “REQUIRED,” “SUGGESTED,” or are “STUDYING” Ethical Requirements that lawyers follow when using generative AI in their work.  (This list is up-to-date as of October 27, 2024.) 📋

Required:

1. California State Bar - https://calawyers.org/california-lawyers-association/ethics-guidelines-for-lawyers-using-generative-ai/

2. DC Bar Association - https://www.dcbar.org/for-lawyers/legal-ethics/ethics-opinions-210-present/ethics-opinion-388

3. Florida Bar - https://news.bloomberglaw.com/litigation/ai-guidance-from-florida-bar-builds-on-familiar-ethics-rules

4. Illinois State Bar Association - https://www.isba.org/sections/ai

5. Iowa State Bar Association - https://www.iowabar.org/?blAction=showEntry&blogEntry=111125&pg=IowaBarBlog

6. Missouri Bar - https://mo-legal-ethics.org/informal-opinion/2024-11/

7. New Hampshire Bar Association - https://www.nhbar.org/using-artificial-intelligence-in-practice/

8. New Jersey State Bar Association - https://njbiz.com/nj-supreme-court-releases-preliminary-ai-guidelines-for-lawyers/

9. North Carolina Bar Association - https://nydailyrecord.com/2024/03/04/north-carolina-adds-to-growing-body-of-ai-ethics-guidance-for-lawyers/

10. Oregon State Bar - https://www.osbar.org/bulletin/issues/2024/2024April/offline/download.pdf

11. Pennsylvania Bar Association - https://www.lawnext.com/2024/06/new-legal-ethics-opinion-cautions-lawyers-you-must-be-proficient-in-the-use-of-generative-ai.html

12. Utah State Bar - https://www.jdsupra.com/legalnews/utah-adopts-new-ai-disclosure-law-that-3770503/

13. Virginia State Bar - https://nydailyrecord.com/2024/08/30/practical-and-adaptable-ai-guidance-arrives-grom-the-virginia-state-bar/

14. Washington State Bar Association - https://watech.wa.gov/policies/interim-guidelines-purposeful-and-responsible-use-generative-artificial-intelligence-ai-washington

Suggested:

1. Hawaii Bar Association - https://histatelawlibrary.com/about/artificial-intelligence-usage-recommendations/

2. Kentucky State Bar - https://cdn.ymaws.com/www.kybar.org/resource/resmgr/ethics_opinions_(part_2)_/kbae457artificialintelligenc.pdf

3. Louisiana State Bar Association - http://www.lsba.org/documents/News/LSBANews/LASCLetterAI.pdf

4. Massachusetts Bar Association - https://natlawreview.com/article/american-bar-association-issues-formal-opinion-use-generative-ai-tools

5. Michigan State Bar - https://www.michbar.org/journal/Details/Lawyering-in-the-age-of-GenAI?ArticleID=4873

6. Minnesota State Bar Association - https://www.mnbar.org/resources/publications/bench-bar/columns/2024/09/03/ethics-guidance-for-generative-ai-use

7. New York State Bar Association - https://associationsnow.com/2024/04/legal-group-ai-guidelines/

8. Oklahoma Bar Association - https://www.okbar.org/barjournal/september-2024/a-cautionary-tale/

9. Tennessee Bar Association - https://www.tba.org/?blAction=showEntry&blogEntry=110838&pg=LawBlog

10. West Virginia State Bar - https://www.intelligencer.net/news/top-headlines/2024/06/legal-watchdog-provides-west-virginia-attorneys-guidance-on-ai/

Studying:

1. Alabama State Bar Association - https://www.attorneysinsurancemutual.com/post/aba-issues-first-ethics-guidance-on-a-lawyer-s-use-of-artificial-intelligence-tools-alabama-and-ten

2. Colorado Bar Association - https://cl.cobar.org/features/the-legal-ethics-of-generative-ai-part-3/

3. Delaware State Bar Association - https://media1.dsba.org/public/Publications/BarJournal/January2024DSBABarJournal.pdf

4. Georgia State Bar - https://natlawreview.com/article/american-bar-association-issues-formal-opinion-use-generative-ai-tools

5. Mississippi Bar Association - https://www.phelps.com/insights/the-mississippi-bar-presents-benefits-of-artificial-intelligence-in-law-practice.html

6. Montana State Bar - https://www.montanabar.org/Membership-Regulatory/Ethics-Resources

7. Nevada State Bar - https://nvbar.org/events/cle-ai-and-the-practice-of-law/

8. South Carolina Bar Association - https://www.americanbar.org/news/abanews/aba-news-archives/2024/07/aba-issues-first-ethics-guidance-ai-tools/

9. Texas State Bar - https://www.law.com/texaslawyer/2024/07/22/new-ai-legal-ethics-rules-coming-texas-state-bar-drafting-recommendations-on-artificial-intelligence/

PSA: October 2024 - Cybersecurity Month is not just for the Tech-Savvy Lawyer!

Its cyber Security Awareness month - are you cyber secure?

As we enter October 2024, it's time once again for Cybersecurity Awareness Month. This annual event, now in its 21st year, serves as a crucial reminder for lawyers to prioritize digital security in their practices. In an increasingly interconnected world, protecting client data and maintaining the integrity of our legal systems has never been more important. Let's explore some essential cybersecurity tips for lawyers of all tech levels, drawing from our previous discussions and expert insights.

The Basics: Foundational Cybersecurity Practices

Even if you're not a tech wizard, there are simple steps you can take to significantly enhance your firm's cybersecurity:

Password Protection and Authentication

Start with the basics: ensure all your devices are protected with strong passwords or passcodes. Use complex, unique passwords for each account, and consider implementing a password manager to keep track of them securely. Additionally, enable two-factor authentication wherever possible, adding an extra layer of security to your accounts.

Keep Systems Updated

Regularly updating your operating systems and software is crucial. These updates often contain critical security patches that protect against newly discovered vulnerabilities. Don't ignore those update notifications – they're your first line of defense against emerging threats.

Secure Your Network

When working remotely, avoid using public Wi-Fi networks. Instead, use your phone's personal hotspot or a reliable VPN service to encrypt your internet connection1. This practice is essential for maintaining client confidentiality and protecting sensitive data.

Advanced Strategies: Leveraging Technology for Enhanced Security

Even solo and small firms need to be cyber secure!

For those ready to take their cybersecurity to the next level, consider these more advanced strategies:

Embrace AI-Powered Security Solutions

As discussed in our recent blog post on Time's 100 Most Influential People in AI, artificial intelligence is revolutionizing cybersecurity. Look into AI-powered security tools that can provide real-time threat detection and response, offering what we've termed "precision cybersecurity".

Implement Endpoint Detection and Response (EDR) Systems

EDR systems can monitor and respond to suspicious activities on your devices in real-time. This proactive approach can help prevent breaches before they occur.

Regular Security Audits and Penetration Testing

Consider conducting regular security audits of your systems and networks. Penetration testing, where ethical hackers attempt to breach your systems, can reveal vulnerabilities you might have overlooked.

The Human Factor: Training and Awareness

Stay on top of trends and reports of cyber issues and how they may impact your practice!

Technology alone isn't enough – your team plays a crucial role in maintaining cybersecurity:

Phishing Awareness Training

Phishing remains one of the most common entry points for cyberattacks. Regularly train your staff to recognize and report phishing attempts. Consider running simulated phishing exercises to test and improve your team's awareness.

Develop a Cybersecurity Policy

Create a comprehensive cybersecurity policy for your firm. This should cover everything from acceptable use of technology to incident response procedures. Make sure all staff members are familiar with and adhere to this policy.

Foster a Security-First Culture

Encourage open communication about security concerns. Create an environment where staff feel comfortable reporting potential security issues without fear of reprimand.

Staying Informed: Continuous Learning

The cybersecurity landscape is constantly evolving. Stay informed about the latest threats and best practices:

Follow Reputable Sources

CISA is America's Cyber Defense Agency
NATIONAL COORDINATOR FOR CRITICAL INFRASTRUCTURE SECURITY AND RESILIENCE

Keep an eye on authoritative cybersecurity sources like the Cybersecurity and Infrastructure Security Agency (CISA) for the latest advisories and guidelines.

Attend Webinars and Workshops

Take advantage of educational opportunities. For instance, CISA is hosting several webinars throughout October 2024, covering topics from protecting school systems to addressing the cybersecurity workforce gap.

Leverage The Tech-Savvy Lawyer Resources

Don't forget to revisit our podcast Episode #39, where we discussed essential cybersecurity tips with expert Tom Lambotte. This conversation provides valuable insights tailored specifically for lawyers.

Final Thoughts: A Year-Round Commitment

While Cybersecurity Awareness Month provides a focused opportunity to assess and improve our digital security practices, it's crucial to remember that cybersecurity is a year-round necessity. The threats we face are constant and evolving, requiring ongoing vigilance and adaptation. By implementing these tips and staying informed about the latest developments, we can protect our clients, our practices, and the integrity of our profession.

Remember, cybersecurity is not just about technology – it's about people, processes, and continuous improvement. Whether you're a solo practitioner or part of a large firm, every step you take towards better cybersecurity makes a difference. Let's use this Cybersecurity Awareness Month as a springboard for ongoing security enhancements throughout the year.

Stay safe, stay informed, and let's continue to raise the bar for cybersecurity in the legal profession.

MTC: AI in Law: Protecting Client Privacy While Embracing Legal Tech Innovation! 🚨

Artificial intelligence is rapidly becoming an integral part of the software tools lawyers rely on daily. From legal research platforms to document management systems, AI is being baked into the very fabric of legal technology. For instance, Google's Gemini AI is now integrated into Gmail on Android devices, offering to summarize and organize emails. Similarly, Apple is developing its own AI called Apple Intelligence, which aims to enhance various aspects of its ecosystem. Even smartphone manufacturers like Google are incorporating advanced AI features into their latest devices, such as the Pixel 9 Pro XL, which offers AI-powered image editing and call transcription capabilities.

While these AI advancements promise increased efficiency and productivity, many lawyers are understandably wary of the technology's encroachment into their professional domain. The legal profession is built on a foundation of trust, confidentiality, and ethical obligations to clients. As AI becomes more prevalent, attorneys must grapple with the potential risks it poses to client privacy and data security.

One of the primary concerns is the protection of clients' personal identifiable information (PII) when using AI-powered tools. Lawyers have an ethical duty to safeguard client confidentiality, and the use of AI introduces new challenges in fulfilling this obligation. For example, when using AI-powered email summarization tools or document analysis software, there's a risk that sensitive client information could be inadvertently shared with third-party AI providers or stored in ways that compromise its security.

Moreover, the training of AI models raises additional privacy concerns. Apple's efforts to scrape content for AI training have met resistance from major publishers, highlighting the contentious nature of data collection for AI development. This underscores the need for lawyers to be vigilant about how client data is used and processed by AI systems they employ in their practice.

The legal profession must also contend with the potential for AI to introduce errors or biases into legal work. While AI can process vast amounts of information quickly, it lacks the nuanced understanding and ethical judgment that human lawyers bring to their practice. Overreliance on AI-generated content or analysis could lead to serious mistakes or ethical breaches if not properly vetted by legal professionals.

To navigate these challenges and protect client PII when using AI in legal work, lawyers should consider the following top three tips:

1. Conduct thorough due diligence on AI tools: Before adopting any AI-powered software, carefully review the provider's data privacy policies, security measures, and compliance with relevant regulations. Ensure that the AI tool does not retain or use client data for purposes beyond the specific task at hand. 

2. Implement strict data handling protocols: Establish clear guidelines for how client information is input into AI systems. Use anonymization techniques when possible and limit the amount of PII shared with AI tools to only what is absolutely necessary for the task. 

3. Maintain human oversight: Always review AI-generated content or analysis critically. Use AI as a supplementary tool rather than a replacement for legal expertise. Implement a process for human verification of AI outputs before they are used in client matters or legal proceedings.

As AI continues to evolve and integrate into legal practice, lawyers must remain vigilant in protecting their clients' interests and upholding their ethical obligations. By approaching AI adoption with caution and implementing robust safeguards, the legal profession can harness the benefits of this technology while maintaining the trust and confidentiality that are fundamental to the attorney-client relationship.

MTC

My Two Cents: Podcasting for Lawyers - How the 2024 Podcast Movement in DC is Shaping Legal Practices.

Your favorite Tech-Savvy Lawyer at 2024 Podcast movement!

There is a clear, growing intersection of law and podcasting. This is why I attended last week’s 2024 Podcast Movement in Washington, DC.  As a lawyer who attended this event, I found myself amidst a vibrant community of creators, including familiar faces like former podcast guests David Hamilton of Mac Geek Gab and Gordon Firemark, known as The Podcast Lawyer™. Although the number of lawyers was small, the convergence of legal professionals and podcasters underscores a compelling trend: lawyers should embrace podcasting as a powerful tool for their practice.

Benefits of Podcasting for Lawyers 

Podcasting offers numerous advantages for lawyers. Firstly, it serves as an excellent platform for thought leadership. By sharing insights and expertise, lawyers can establish themselves as authorities in their respective fields. This not only enhances their professional reputation but also attracts potential clients who seek knowledgeable legal counsel. And when you see sponsors and vendors like CNN Radio, NPR, and SiriusXM, there is clearly a large market to tap into and as I think echoed amongst the attendees there is plenty of room for more podcast shows and talent. THIS COULD INCLUDE YOU!

Moreover, podcasting provides a unique opportunity for networking and collaboration. At the Podcast Movement, reconnecting with previous podcast guests like Dave and Gordon and meeting and hearing from people like Lindsay Bowen and Andrea Sager (both discussed below) exemplified the community-building aspect of podcasting. Such interactions can lead to fruitful partnerships and referrals, expanding a lawyer's professional network.

Lawyer like any podcaster must be mindful of legal issues when podcasting!

Additionally, podcasting can demystify legal concepts for the general public. By breaking down complex legal issues into accessible content, lawyers can educate their audience, fostering a better understanding of the law. This educational aspect not only benefits listeners but also positions lawyers as approachable and client friendly.

Legal Concerns in Podcasting

Despite its benefits, podcasting is not without legal challenges. During the Podcast Movement, Gordon Firemark's presentation, "Lights, Camera, Lawyers! - Legal issues video creators encounter that you might not have considered," highlighted potential pitfalls. Issues such as intellectual property rights, defamation, and privacy concerns are paramount. Lawyers venturing into podcasting must be vigilant about these legalities to avoid potential liabilities.

Lindsay Bowen, another lawyer for podcasters, discussed "NO FAIR! Let's talk about fair use," emphasizing the importance of understanding copyright laws when using third-party content. Furthermore, I talked with lawyer Andrea Sager of The Legalpreneur Podcast about on getting trademarks for your podcast underscoring the necessity of protecting one's brand in the podcasting space.

Final Thoughts

There is a large and growing market for lawyers who podcast!

Through The Tech-Savvy Lawyer.Page Blog and Podcast, I have consistently advocated for the integration of technology in legal practice. Tools like Podcasting presents a valuable opportunity for lawyers to expand their influence, connect with peers, and educate the public. This aligns perfectly with the ethos of podcasting, which democratizes information and reaches a broad audience.

However, it is crucial to navigate the legal landscape carefully. By understanding and addressing potential legal issues, lawyers can harness the full potential of podcasting, ensuring it becomes a beneficial extension of their practice. As the legal profession continues to evolve, embracing platforms like podcasts will be essential for staying relevant and impactful in the digital age. 

MTC

Stay tuned as I hope to have some exciting announcements in the months to come!

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Stay tuned as I hope to have some exciting announcements in the months to come! 📢 🎙️ 📒

My Two Cents: AI vs. Traditional Web Searches: A New Era for Legal Professionals

Will AI Searches Replace Traditional Web Searches?

WIll lawyers no longer have to struggle with multiple tabs and stacks of legal books as AI may rid the time-consuming nature of traditional web searches?

The advent of AI-driven search engines like ChatGPT*, Perplexity.AI* and Google Gemini has sparked discussions about the future of traditional web searching. These AI systems promise to revolutionize how information is accessed, but will they completely replace traditional search engines? More importantly, how will this shift impact the legal profession? 🧐

The Rise of AI in Search

AI search engines leverage advanced language models to provide more intuitive and conversational search experiences. Unlike traditional search engines that rely on keyword matching, AI searches can understand context and nuances, offering more precise and relevant results. This capability allows users to obtain direct answers without sifting through multiple links, potentially reducing the need for traditional web searches.

Impact on the Legal Profession

For lawyers, the shift towards AI-driven search engines presents both opportunities and challenges:

An AI-powered search engine can provide instant, precise results, allowing lawyers to focus on strategic tasks rather than sifting through endless information.

• Efficiency and Speed: AI tools can significantly reduce the time required for legal research by providing quick and accurate answers. This can enhance productivity and allow lawyers to focus more on strategic tasks rather than routine research.

• Access to Information: AI systems can democratize access to legal information, making it easier for individuals to obtain legal advice without professional help. This could lead to an increase in pro se litigants, challenging the traditional lawyer-client dynamic.

• Quality of Information: While AI systems can provide quick answers, the quality and reliability of these answers can vary. Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications.

Challenges and Considerations

• Ethical and Privacy Concerns: The use of AI in legal research raises ethical questions, particularly regarding data privacy and the potential for bias in AI-generated outputs. Lawyers must ensure that AI tools comply with legal standards and ethical guidelines. 

• Dependence on Technology: As AI becomes more integrated into legal practices, there is a risk of over-reliance on technology. Lawyers should maintain their critical thinking and analytical skills to interpret AI outputs effectively. 

• Impact on Employment: The automation of routine legal tasks through AI could lead to job displacement within the legal sector. However, it could also create new roles focused on managing and interpreting AI tools.

Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications!

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Lawyers must remain vigilant about verifying AI-generated information, as inaccuracies could have serious legal implications! 🚨

Preparing for the Future 

The New Legal Professional will likely have to Combine AI-driven efficiency with essential human skills like empathy and nuance.

Lawyers should take proactive steps to adapt to this technological evolution:

• Embrace AI Tools: Understanding and integrating AI tools into legal practice can enhance efficiency and competitiveness. Familiarity with AI technologies will be crucial for future legal professionals.

• Continuous Learning: It is essential to stay informed about advancements in AI and their implications for the legal field. Continuous professional development will help lawyers navigate the changing landscape.

• Focus on Human Skills: While AI can handle routine tasks, human skills like empathy, negotiation, and complex problem-solving remain irreplaceable. Lawyers should focus on these areas to provide value beyond what AI can offer.

AI-driven search engines are poised to transform how information is accessed and utilized in the legal profession. While they offer numerous benefits, they also present challenges that require careful consideration. By embracing AI tools while maintaining a critical approach to their outputs, lawyers can harness the potential of AI to enhance their practice and better serve their clients.

Happy Lawyering!

MTC

My Two Cents: Lessons from ABA's Formal Opinion 512 - A Follow-Up!

there will be many Collaborative discussions on ABA Formal Opinion 512's impact on legal practice!

This post is a follow-up to last week's editorial on my experience with the AI sessions at the American Bar Association's (ABA) 2024 Annual meeting. Today, I'll delve deeper into ABA's Formal Opinion 512 and explore its implications for legal practitioners.

Building on Prior Model Rules

ABA's Formal Opinion 512 builds on several foundational Model Rules of Professional Conduct. These include:

• Model Rule 1.1 (Competence): Lawyers must provide competent representation, which now explicitly includes understanding the benefits and risks associated with relevant technology.

• Model Rule 1.6 (Confidentiality of Information): Lawyers must make reasonable efforts to prevent the inadvertent or unauthorized disclosure of, or unauthorized access to, information relating to the representation of a client.

• Model Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance): Lawyers must ensure that nonlawyer assistants, including AI tools, comply with the professional obligations of the lawyer.

 Breakdown of ABA Formal Opinion 512 

Tech-savvy lawyer reviews ethical implications of AI under ABA Opinion 512.

 1. Competence

Formal Opinion 512 emphasizes that competence in legal practice now extends to a lawyer's understanding and use of technology. Lawyers must stay informed about changes in technology that affect their practice areas. This includes:

• Understanding AI Capabilities: Lawyers must understand the capabilities and limitations of AI tools they use.

• Continuing Education: Lawyers should engage in ongoing education about technological advancements relevant to their practice.

 2. Confidentiality

The opinion underscores the importance of maintaining client confidentiality when using AI tools. Key points include:

• Risk Assessment: Lawyers must assess the risks associated with using AI tools, particularly concerning data security and privacy.

• Vendor Due Diligence: Lawyers should conduct due diligence on AI vendors to ensure they comply with confidentiality obligations.

Lawyers will be Debating AI ethics and compliance for the foreseeable future!

 3. Supervision

Lawyers are responsible for supervising the AI tools and ensuring they are used ethically. This includes:

• Oversight: Lawyers must oversee the AI tools to ensure they are used appropriately and do not compromise ethical standards.

• Accountability: Lawyers remain accountable for the outcomes of AI-assisted tasks, ensuring that AI tools do not replace human judgment.

 4. Communication

Effective communication with clients about the use of AI is crucial. Lawyers should:

• Inform Clients: Clearly inform clients about the use of AI tools in their cases.

• Obtain Consent: Obtain informed consent from clients regarding the use of AI, especially when it involves sensitive data.

ABA's Formal Opinion 512 signals that AI is now essential in legal practice, but it also underscores the importance of maintaining ethical standards when using it.

Final Thoughts

ABA's Formal Opinion 512 is a significant step in ensuring that lawyers remain competent and ethical in an increasingly digital world. By emphasizing the need for technological proficiency, confidentiality, supervision, and clear communication, the ABA reinforces that staying updated with technology is not optional—it's a matter of maintaining one's bar license. Lawyers must embrace these guidelines to provide the best possible representation in the modern legal landscape.

Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do!

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Lawyers who do not keep up with the evolving AI landscape will be left behind by those who do! 🚨

Shout Out to Caroline Elefant of MyShingle for Reminding Lawyers About Their Bar Ethics Responsibilities When Creating Public Use ChatGPTs!

Previous The Tech-Savvy Lawyer.Page Podcast guest Caroline Elefant of MyShingle discusses the legal and ethical issues of creating custom ChatGPTs for public use by law firms. Key points include:

Lawyers need to remember that they have ethical responsibilities to their bar when offering chatgpts for public use!

• AI Disclosure: Lawyers must inform users they are interacting with an AI, not a human.

• Supervision: Ensuring AI outputs are accurate through constant testing and clear disclaimers.

• Confidentiality: Advising users against sharing personal details to prevent privacy breaches.

• Unauthorized Practice of Law: Avoiding legal advice by providing general information with clear disclaimers.

We all must remember that a computer or AI does not replace human judgment!

For more details, visit her article on MySingle.

What Lawyer's Should Do Before Their Chatbots or DIY Services Fail: Lessons from Meta's Small Claims Court Saga! 🤖⚖️

Clients are coming up with creative ways to get a service providers attention when the chatBot or online DIY service does not meet their expectations…

In an era where technology is reshaping the legal landscape, a recent trend involving Meta (formerly Facebook) offers valuable insights for law firms venturing into chatbots and online DIY services. The phenomenon of users turning to small claims courts as the de facto means to resolve issues with Meta's platforms highlights the importance of effective digital customer service. Lawyers should see Meta's customer service failure that results in small litigation as a warning that when using chatbots or providing online DIY services they still need to keep a human hand in these communications to prevent future bar complaints!

The Case In Chief 📱🏛️

Meta, the parent company of Facebook and Instagram, has faced an unusual challenge. Users, frustrated with account lockouts and bans, have resorted to filing small claims lawsuits against the tech giant. This unconventional approach has surprisingly become an effective way for users to regain access to their accounts or receive compensation. So, what can the legal community learn from this?

The Lesson to Be Learned 🧑🏼‍🏫

Chatbots and DIY services are bringing low-cost and easier access to legal assistance for those who typically may not be able to afford such services from a more traditional (and perhaps one day antiquated) law firm model. However, clients want to know that they are being heard, and sometimes their "square peg" question does not fit into the "round hole" of an automated response. Similarly, the online service may not be able to provide a satisfactory answer, leaving the customer frustrated or infuriated over their wasted time and money.

It is crucial for lawyers using these digital platforms in their offices to have "real person" options as a safety net. It's much easier and cheaper for a disgruntled client or even a potential client to file a bar complaint versus going to small claims court.

Here are some takeaways and proactive steps lawyers should consider when using chatbots and online DIY services

Does your law firm have a plan to “pick up the pieces” should its chatbot fail? 😲

Key Takeaways for Law Firms 💡

• The Importance of Human Touch 🤝

While automation can streamline processes, the Meta case underscores the value of human intervention. Law firms implementing chatbots should ensure there's an easy way for clients to escalate issues to a real person.

• Clear Communication is Crucial 📢

Many Meta users turned to small claims courts due to a lack of clear communication channels. Law firms should prioritize transparent and accessible communication options in their digital services.

• Anticipate and Address Common Issues 🔍

Meta's situation arose partly from recurring account access problems. When setting up online services, law firms should identify potential pain points and create dedicated resolution pathways.

• Regular System Audits 🔄

Conduct frequent reviews of your digital services. This helps identify and rectify issues before they escalate to client frustration.

• Empower Your Chatbot, But Know Its Limits 🤖💼

While chatbots can handle routine queries, they should be programmed to recognize complex issues that require human expertise. Ensure your system can seamlessly transfer such cases to appropriate staff.

Some Tips for Implementing These Lessons 🛠️

clients are coming up with creative ways to get an online providers attention when they think a chatbot or online diy service fails - Don’t give them reason to file a law suit or worse yet a bar complaint!

• When developing your firm's chatbot or online DIY service:

• Create a clear escalation process for issues the bot can't resolve

• Provide multiple contact options for clients

• Regularly update your FAQ and chatbot responses based on common client queries

• Implement a feedback system to continuously improve your digital services

• Train your staff to effectively handle cases escalated from digital platforms

Conclusion 🎯

The Meta small claims phenomenon serves as a cautionary tale for the legal tech world. It emphasizes the need for a balanced approach that leverages technology while maintaining the human element crucial to legal services.

By learning from Meta's experience, law firms can create more effective and client-friendly digital services. Likewise, in the legal world, technology should complement, not replace, the expertise and personal touch that clients expect from their legal representatives. 💻⚖️ This approach not only enhances client satisfaction but also prevents potential frustrations that could lead to unconventional problem-solving methods by clients like bar complaints. 😲

MTC

My Two Cents: Other Issues to Learn from an MA Lawyer's Misconduct - Don't be Lazy and Hit “Reply all” in Your Emails - Check Your Work!

by not proofing your e-mail before just “replying all,” you can create a slew of ethics issues for yourself! 😱

In Massachusetts, a lawyer faced public reprimand after inappropriately advising a bankruptcy attorney to ignore a court's call. The lawyer, defending a company and its owner in a pretrial hearing, suggested the possibility of a bankruptcy filing to the court. However, during the session, he covertly emailed and texted the bankruptcy lawyer with the message "Don't pick up your phone," an act he didn't disclose to the judge but accidentally revealed to opposing counsel by including him in the email to the bankruptcy lawyer. This action breached multiple professional conduct rules, leading to his reprimand. So, what lessons can we learn from this (aside from not engaging in conduct that is prejudicial to the administration of justice)?

From this story, attorneys can learn the critical importance of attentiveness when managing email communications. Notably, we should:

1. Be wary of the "reply all" function to avoid inadvertently sharing information with unintended recipients.

2. Always confirm the recipient list before sending sensitive information.

3. Understand that digital communications are not private and can be disclosed in court.

4. Recognize that actions taken in the heat of the moment can have serious professional consequences.

5. Keep in mind the ethical implications and rules of professional conduct when communicating during legal proceedings.

practical e-mail management can help create a more peaceful and ethically compliant law practice! 😀

I think the most important lesson is to always check your work before submitting it! I am not encouraging lawyers to be deceptive in their work, break laws, or not follow the rules of ethics.  But a lot of these problems (aside from his unethical behavior) would have been prevented if the lawyer just proofread his work (including who he was sending his work to) before he sent it. 🙄