Friday, June 28, 2024

New Legal Ethics Opinion Cautions Lawyers: You ‘Must Be Proficient’ In the Use of Generative AI

 As I am sure you know by now, the ABA amended the comment to Model Rule 1.1 some years ago to include a new paragraph [8] that says "To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject."

And thus the duty to be competent about "technology" was born.  Now adopted by a majority of jurisdictions, as the comment says, lawyers have a duty to learn about and to stay up to date with developments in "technology" that relates to the practice of law.  

Accordingly, there are a number of ethics opinions out there on this matter and LawSites is now reporting (here) on a new one specifically on the use of generative AI.  

The opinion was issued by the Pennsylvania Bar Association and Philadelphia Bar Association and it makes one point very clear: lawyers are required to maintain competence across all technological means relevant to their practices, and that includes the use of generative AI.

You can read the opinion here.

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