Ethical considerations in the use of AI

The use of AI in research, document drafting and other work presents several ethical issues for lawyers to consider. Although some ethical questions may lack clear answers, being mindful of these issues before integrating AI may help lawyers avoid issues in the future.

Lawyers should exercise care when deciding whether a particular AI tool would provide useful assistance in the representation of a client. Lawyers may, at times, need to consult with technology experts to understand an AI tool, how it works, and whether it can be usefully deployed in a particular client matter. Lawyers should also clearly communicate with their clients about the use of AI in the representation, including the risks and benefits of AI.

AI tools may be used as a starting point in generating content, but AI-generated work  should never be presented as finished content or a lawyer’s final product. Lawyers have a professional obligation to thoroughly review any AI-generated work to ensure the results are accurate.

Lawyers should also be cautious when sharing client or firm data with AI tools. If the tool lacks robust confidentiality and data security, obtaining the client’s informed written consent is essential before using it. Additionally, lawyers should verify if any third parties can access the data to avoid compromising the attorney-client privilege.

Source: Reuters






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