AI and Legal Ethics

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AI is impacting virtually every corner of practicing law. Increasing AI usage has revealed myriad risk and ethical issues for lawyers, such as liability for the use of biased, discriminatory data, fictional legal citations, and incorrect legal research, with such incidents increasing in frequency. Legal ethics, new state laws, and the Rules of Professional Responsibility are getting more attention from the ABA, federal and state courts, and state bars that are now implementing and considering new professional responsibility requirements that govern ethical and legal AI use by lawyers. For example, The ABA Model Rules of Professional Conduct, including Rule 1.1 on competence, Rule 1.6 on confidentiality, Rules 5.1 and 5.3 on supervision of lawyers and nonlawyer assistants, Rule 1.4 on client communication, and Rule 3.3 on candor toward tribunals all have been implicated in recent AI cases that involve lawyer professional misconduct allegations. In addition, in just the first three months of 2026, U.S. Department of Justice lawyers have been admonished federal courts for AI mistakes in pleadings and legal research, resulting in the resignation of at least one lawyer and a court order that his supervisors appear in court to explain why these mistakes were not discovered by DOJ.

In our program, we will discuss the ethics of AI usage and recent cases that raised professional responsibility concerns about how this new technology impacts the practice of law. We will outline many new ethical issues, concerns, and rules intended to ensure the ethical use of AI technology while adhering to changed ethical standards and requirements for the practice of law.

 

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