The American Bar Association (ABA) has provided guidance on the ethical use of Generative Artificial Intelligence (GAI) tools in legal practice (Formal Opinion 512). While these tools can enhance efficiency and effectiveness, they must be used in a way that aligns with ethical standards. Here’s what you, as a client, need to know.
Your Lawyer’s Competence with AI Tools
Lawyers must use AI competently, ensuring they understand its capabilities and limitations. They should verify the accuracy of AI outputs and integrate them appropriately into their legal work. As a client, you can ask your lawyer to explain how they’re using AI tools in your case and what steps they take to ensure reliability.
Your Confidential Information
Client confidentiality is non-negotiable. Lawyers must ensure that any AI tools they use do not expose your sensitive information. This includes reviewing the terms of service for AI platforms and avoiding inputting confidential details into systems that could compromise privacy. You have the right to ask your attorney what safeguards are in place to protect your information.
Transparency About AI Use
You should be informed if AI is used in ways that could significantly affect your case. Lawyers are also obligated to answer any questions you have about the role AI plays in your representation. Don’t hesitate to ask whether AI is being used and how it contributes to your case.
Billing and Fees
The use of AI should not lead to unreasonable charges. Lawyers cannot bill you for time spent learning how to use AI tools. However, if a specific AI platform is used at your request, it’s appropriate to discuss how those costs will be managed.
Ethical Oversight of AI Tools
Lawyers are responsible for ensuring that their use of AI complies with ethical standards, both personally and in their supervision of staff. You may inquire about their firm’s policies for AI usage to ensure your case is handled appropriately.
Key Takeaways for Clients
- Ask your lawyer how AI tools are being used in your case and why.
- Ensure they are taking adequate steps to protect your privacy and confidential information.
- Request clarity on billing for AI-related work.
- Confirm that the use of AI complies with ethical guidelines.
AI can enhance legal services, but it’s crucial to ensure that its use benefits you while respecting ethical boundaries. The ABA opinion empowers you to engage in informed conversations with your attorney about their use of AI.
#LegalEthics #ArtificialIntelligence #ClientRights #ABAGuidance #LegalInnovation