Guidelines for the use of generative artificial intelligence in the practice of law

The Chair of the Board of Trustees directed the Committee on Professional Responsibility and Conduct (COPRAC), examined regulation of the ethical use of generative AI in the legal profession

COPRAC undertook a review of the current state of generative AI and its implications for the legal profession to develop recommendations regarding lawyer use of this evolving technology. This work included: 

• Surveying lawyers regarding current and planned uses of generative AI in their practices; 

• Researching generative AI capabilities, limitations, and risks, including consultations with experts in artificial intelligence and founders of generative AI products; 

• Reviewing the current Rules of Professional Conduct, statutory authority, case law, and ethics opinions to evaluate whether these existing authorities address the use of generative AI and to identify potential new ethical issues raised by generative AI; and 

• Examining approaches taken by other jurisdictions to regulate the use of generative AI, specifically any regulations directed toward lawyers. 

These guidelines are based on existing professional responsibility obligations for lawyers, including the California Rules of Professional Conduct and the State Bar Act, outlined in the Business & Professions Code and provide examples of how to behave consistently with such obligations.

The guidelines are intended to address issues and concerns with the use of generative AI. They may apply to other technologies, including more established applications of AI.

Source: Californian Bar