Artificial Intelligence (AI) is becoming increasingly popular in the legal profession. But its use also comes with risks. AI-generated cases have caught out lawyers, and courts now demand disclosure when AI is used to prepare legal documents.
Now, a new risk has emerged – clients suing lawyers who use AI without their knowledge. In a recent case, rapper Prakazrel Michel’s lawyer used an AI tool to draft his closing submissions without disclosing its use to Michel. Michel’s new lawyers argue that the AI tool did a poor job, allegedly ignoring the best argument, conflating charge schemes and even misattributing song lyrics included in the close. Michel’s former lawyer reportedly saw the case as an opportunity to promote the software.
While this case may not determine whether or not a client can sue a lawyer for using AI, there are some important lessons for lawyers to learn.
- lawyers should disclose the use of AI to their clients.
- when using AI, lawyers must thoroughly check their work.
- A lawyer should disclose any interest in an AI product. However, caution must be exercised, as a client’s matter should never be used as a ‘test’ for a product nor to raise awareness of that product.
- Most importantly, a lawyer should be sure that using AI is consistent with their duty of independence, competence, diligence and honesty.
Source:QLS Proctor
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