A Practical Guide to AI and Your Ethical Duties

This one-hour program aims to give legal professionals practical insights on the ethical considerations in AI's role in legal research and writing. Participants will learn to use AI tools responsibly to ensure competent representation while protecting client confidentiality in the context of research and writing. The content is supported by Digital Due Diligence: A Practical Guide to AI and Ethics in the Legal Profession white paper (March 2025).

By the end of this program, participants will understand the ethical implications of using generative AI in practice, be able to make informed decisions about using AI tools, and ensure their AI use enhances their legal practice, rather than detracts from it.

Learning Objectives:

1. Identify the Key Differences Between Traditional AI and Generative AI: Participants will learn about the difference between traditional and generative AI and how those differences changes their ethical duties. Choosing the right tool for the right task at the right time is part of technology competence
2. Understand the Role of AI in Legal Practice: Participants will gain a basic understanding of how AI and generative AI can be integrated into legal research and writing processes. This includes identifying where AI tools can be most effectively applied.
3. Recognize Ethical Duties and Risks: The program will highlight the ethical duties under Model Rules 1.1 and 1.6, focusing on competence and client confidentiality. We will also discuss related/supporting duties of communication (1.4), judgment (2.1), candor (3.1/3.3), and supervision (5.1/5/3). Participants will learn about the potential risks of using AI tools, including the inadvertent disclosure of sensitive information and waiver of privilege
4. Develop Informed Decision-Making Skills: Through the introduction of the AI Engagement Framework, participants will learn to assess the level of risk associated with various AI tools. They will learn to determine the appropriate level of oversight needed for different AI applications, ensuring responsible and effective use. We will use at least one hypothetical to show how the ethics rules may come up in legal practice