Legal Ethics: The Use of AI, Recent Trends in Rules and Sanctions

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Attorneys have begun to experience what can happen when safe, ethical and legal use of AI is not adopted, including scenarios with expert witness reports. Recently, a judge highlighted the issue of hallucinations and as one of the elements of the sanctions, required the attorney to take a 2-hour CLE on attorney utilization of generative AI. Moreover, for lawyers litigating in federal court, a proposed FRE related to AI is now open for public comment. The purpose of this presentation is to provide lawyers with ethics requirements, how to mitigate risk, evaluate AI software, compile policies and procedures for utilizing and submitting AI generated items to opposing counsel, clients and tribunals and delve into existing and proposed federal rules of procedure and evidence that are relevant to Gen AI.

Objectives:

• Explain the types of AI and safeguards.
• Delve into Professional Responsibility Considerations.
• Explore how AI utilization plays out in legal proceedings and intertwines with FRCP and FRE.

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