Ethics, Confidentiality & AI — How to Develop a Strong Law Firm AI Policy Before It's Too Late

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Artificial intelligence is already reshaping legal practice, from research and drafting to litigation support and client communication, often before firms have formal policies in place. This practical, engaging program examines real-world uses of AI in law, the ethical and compliance risks that come with adoption, and evolving guidance from bar associations and regulators. This program takes a hard look at the ethical landscape surrounding AI in law, examining the duties of competent representation under Rule 1.1, confidentiality obligations under Rule 1.6, client communication requirements under Rule 1.4, and Rule 1.5 considerations around AI's impact on billing and fee transparency. We will also explore candor obligations under Rule 3.3 when AI-generated content is submitted to a tribunal, Rule 8.4(c) concerns around misrepresentation, algorithmic bias under Rule 8.4(g), and the supervisory responsibilities attorneys hold over both lawyers and non-lawyers under Rules 5.1 and 5.3.

The second half of the program shifts from risk awareness to risk management, providing attorneys with a practical framework for building or strengthening a firm AI policy that actually works in practice. Whether your firm is already navigating AI adoption or trying to get ahead of it, this session offers the ethical grounding and practical tools you need to move forward with confidence.

Learning Objectives:

• Identify how AI is currently being used in the legal industry and its impact on legal work, including contract review, e-discovery, legal research, and predictive analytics
• Examine the ethical challenges associated with AI, including confidentiality concerns, unauthorized practice of law risks, and duty to supervise technology
• Understand the latest ABA and state bar guidance on AI in legal practice and when disclosure to clients is required
• Learn the key components of an AI policy for law firms, including guidelines for responsible AI adoption, risk management strategies, and compliance best practices

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