Ethics for Attorneys on GenAI Use: ABA Formal Opinion #512

The ABA has issued its first ethics guidance for attorneys on their use of generative AI technology. Formal Opinion 512 directs lawyers who use generative artificial intelligence tools to "fully consider their applicable ethical obligations, including their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees." 

Generative AI (GAI), which is a subset of AI, can create various types of new content -- whether it be text, images, audio, video, or software code. GAI tools are also "self-learning", meaning they will learn from themselves as more and more data is collected/inputted. GAI can assist attorneys with legal research, contract review, due diligence, document review, regulatory compliance, drafting letters, contracts, briefs, and other legal documents. Due to their vast use, GAI tools have risen in popularity this past year especially, putting them into the spotlight for legal research and assistance. 

Despite their growing popularity of use amongst the legal community, there have been lingering ethical concerns regarding GAI that fall under multiple ABA Model Rules of Professional Conduct that are addressed in opinion 512, such as:

• What level of competency should lawyers require regarding AI tools?
• How can lawyers satisfy their duty of confidentiality when utilizing AI tools when relating to representation?
• When should lawyers disclose their use of GAI tools to their clients?
• What level of review is needed of a GAI tool in order to deem it accurate?
• What constitutes a reasonable fee when lawyers use a GAI in terms of billing their clients? 

Read opinion 512 to learn more!