Extract from Marcin M. Krieger and David R. Cohen’s article “Navigating the Seven C’s of Ethical Use of AI by Lawyers”
December 20, 2024 – The New York City Bar Association recently joined several other state bar associations and the American Bar Association (ABA) in providing critical guidance on the ethical implications of using Generative AI (“GenAI”) in legal practice.
The ABA’s Formal Opinion 2024-5, opens new tab emphasizes that the duty of competence for lawyers now includes understanding and appropriately using AI tools. This commentary is aligned with similar opinions from other bar associations, reflecting the growing role AI plays in legal services.
Key areas of alignment across state and national guidelines
While each bar association tailors its guidance to its own ethical rules, the opinions issued by these bar associations share common themes that all legal practitioners must consider when integrating GenAI tools into their practices. Their common guidance and themes can be boiled down to “Seven C’s” surrounding ethical use of AI: Competence, Confidentiality, Consent, Confirmation, Conflicts, Candor, and Compliance.
