2 minute read
Generative Artificial Intelligence
As Generative artificial intelligence (GAI) becomes commonplace in legal practice, ethical considerations must evolve. Attorneys have faced problems using AIgenerated information that is incorrect or fabricated. Some have been sanctioned or even disbarred for relying on GAI without properly verifying results.
GAI uses language-based learning from accessible data for many publicly available GAI tools. GAI now crafts natural responses and identifies nuanced issues but that can also mask misinformation. Simple questions like "can you e-file in [county]?" can generate incorrect responses. Local rules may not be published in a format that GAI recognizes. Competent representation in the digital age requires harnessing GAI tools to improve the quality of representation, not as an alternative to diligence.
Attorneys must know how to interact with GAI as confidentiality is of concern. Asking ChatGPT to summarize a transcript or draft a response to an email may efficiently yield helpful results. However, confidential information entered into ChatGPT becomes publicly available. Lawyers have an ethical duty to maintain clients’ privileged and confidential information and take steps to ensure sensitive data is not inadvertently exposed.
Attorneys should consult with their clients about the use of GAI, promoting transparency and strengthening trust. GAI software designed for the legal profession can streamline document review and drafting at a cost. Attorneys must still ensure that fees are reasonable. New GAI document review software can provide incredible analysis and ultimately reduce legal expenses. However, it is up to attorneys to know about these options and how to use GIA economically.
Clients increasingly expect attorneys to implement new technology in the legal profession. As this technology moves ahead, we must be mindful to adhere to ethical standards while also exploring GAI to enhance our practice.
