All things AI

As generative AI tools continue to make their way into the legal profession, it is important that students and practitioners alike understand the ethical implications of using this kind of technology. The risks associated with the use of AI tools includes data privacy concerns, potential biases in AI-driven decisions, and the dangers of over-reliance on automated systems. Understanding these ethical risks can help you utilize AI tools in a competent way. 

To further stress the importance of the ethical use of GenAI, the American Bar Association issued Formal Opinion 512 in July 2024. The opinion emphasizes that legal professionals must carefully consider their ethical obligations, including competence, client confidentiality, communication, and reasonable fees, when using GenAI, and should stay informed about these tools to make professional, competent judgments on their use.

The legal profession has long professed it's duty oi competence when it comes to client representation. The ABA's Model Rules of Professional Conduct Rule 1.1 states that "A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation." 

In 2012, the ABA amended this rule adding Comment 8 which addressed the maintenance of competence for legal professionals. It states in part that "...a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology..." Comment 8 became the foundation of what is known as the Duty of Technology Competence. The majority of states have adopted their own professional rules on Technology Competence based on ABA Rule 1.1 Comment 8. The California State Bar amended it's Professional Rules of Conduct Rule 1.1 in March of 2021. Comment 1 was added which states that "the duties set forth in this rule include the duty to keep abreast of the changes in the law and its practice, including the benefits and risks associated with relevant technology"

The Duty of Technology Competence is important to remember as the use of AI tools and technology in general continues to increase in the legal profession. Practicing attorneys must know how to use technology like AI tools effectively and ethically. .