A new legal ethics opinion on the use of generative AI in law practice establishes that lawyers are mandated to maintain competence in all technological means pertinent to their work, including generative AI. Issued jointly by the Pennsylvania Bar Association and the Philadelphia Bar Association, the opinion aims to educate attorneys on the benefits and perils of using AI tools while providing ethical guidelines.
While the opinion emphasizes the legal profession’s ethical obligations, it highlights unique challenges posed by generative AI, particularly its ability to generate text and potential to hallucinate. “Lawyers must be proficient in using technological tools to the same extent they are in employing traditional methods,” the opinion mentions. This extends to ensuring AI-generated legal content is accurate and that citations are verified, preventing reliance on potentially erroneous AI-generated outputs.
The opinion underscores the risk of AI’s potential bias in applications like facial recognition and hiring decisions. Given these challenges, it advises lawyers to communicate with clients about the use of AI and, in some instances, obtain client consent before employing certain AI tools.
The 16-page opinion concludes with 12 comprehensive points of responsibility for lawyers using generative AI, including maintaining the truthfulness of AI-generated content, safeguarding confidentiality, identifying conflicts of interest, and ensuring transparency and proper billing practices. Lawyers are reminded that AI should assist but not replace their professional judgment and legal expertise.
In summary, the opinion advises that generative AI tools must be employed cautiously, with due diligence and thorough review by the lawyers themselves. “These tools do not replace personal reviews of cases, statutes, and other legislative materials,” it warns.
You can read the full opinion here: Joint Formal Opinion 2024-200.