Getting it Right: AI and Lawyers’ Ethical Obligations

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Judge Katherine Forrest will discuss the potential for generative AI, including large language models (LLMs), to reshape the legal profession, as well as how use of these tools may impact lawyers’ ethical obligations. Judge Forrest will provide an overview of the different use cases for attorneys employing generative AI in their practice, from completing 50-state surveys to brief writing to oral argument preparation. 

We will discuss the potential for generative AI to raise ethical issues, such as the unlicensed practice of law, adhering to the duty of confidentiality and preserving privilege when using these tools (Rule of Professional Conduct 1.6), fulfilling the duty of competency in light of the varying limits and capabilities of generative AI tools (Rule of Professional Conduct 1.1), and considering the duty of candor given the growing number of rules of court governing the use of AI tools in legal practice (Rule of Professional Conduct 1.6).

 

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