Extract from Doug Austin’s article “First Ethics Guidance from ABA on Use of GenAI Tools: Artificial Intelligence Trends”
The American Bar Association (ABA) issued its first ethics guidance today covering the growing use of generative AI in the practice of law.
Announced here, the ABA’s Standing Committee on Ethics and Professional Responsibility released today its first ethics guidance covering the growing use of generative artificial intelligence (GAI) in the practice of law, pointing out that model rules related to competency, informed consent, confidentiality and fees principally apply.
Formal Opinion 512 states that to ensure clients are protected, lawyers and law firms using GAI must “fully consider their applicable ethical obligations,” which includes duties to provide competent legal representation, to protect client information, to communicate with clients and to charge reasonable fees consistent with time spent using GAI.
The 15-page opinion specifically outlined that lawyers should be mindful of a host of model rules in the ABA Model Rules of Professional Conduct, including:
- Model Rule 1.1 (Competence): This obligates lawyers to provide competent representation to clients and requires they exercise the “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” In addition, the model rule states lawyers should understand “the benefits and risks associated” with the technologies used to deliver legal services to clients.
