Extract from Joe Stephen’s article “Why Aren’t More State Bar Associations Regulating AI?”
The legal world’s embrace of artificial intelligence (AI) exploded last year. Firms that cautiously experimented in 2023 now use it to augment their daily practice, and midsized firms and larger firms alike have decisively launched their own AI initiatives. This rapid change is driving countless headlines and investment rounds, but a far more fundamental concern persists: despite AI’s proliferation, should there be more regulation to govern how we use it? In the legal sector only half of our state bar associations currently provide ethical opinions and rules that expressly mention AI to govern its use.
This delay is likely due to the novelty and rapid evolution of AI, particularly generative AI. However, the legal field’s swift integration of AI, automating tasks from document review to legal research, presents complex ethical considerations as the profession adapts to these new technologies.
While some innovative firms are establishing internal AI governance policies, regulatory bodies, including state bar associations and legislatures, are beginning to develop guidelines to address concerns related not only to the security of the AI tools themselves, but also the expectations practitioners have in verifying their output. The American Bar Association (ABA), for example, is proactively shaping AI governance, indicating that at least at a national level, the legal community is actively guiding future regulations rather than passively awaiting action.
