Generative to Agentic: The Legal Ethics of AI Evolution

Artificial intelligence is no longer a theoretical disruptor; it is a reality. It is an active force in legal practice. This CLE explores the ethical implications of both generative AI (tools like ChatGPT and Copilot that are currently in widespread use) and agentic AI, a rapidly emerging class of systems capable of autonomous planning, decision-making, and execution.  The program will help attorneys understand how these technologies intersect with the Model Rules of Professional Conduct, including Rules 1.1 (Competence), 1.6 (Confidentiality), 5.3 (Supervision of Nonlawyers), 5.5 (Unauthorized Practice of Law), and 3.3 (Candor Toward the Tribunal).  Through real-world examples and practical guidance, the session offers a forward-looking framework for using AI responsibly in litigation and other legal practice settings.  Whether attorneys are already using AI or are still evaluating its risks, this course will provide the tools to navigate the ethical landscape with clarity and confidence.

Learning Objectives: 

1. Distinguish between generative and agentic AI and explain how each functions within the context of legal practice

2. Apply the Model Rules of Professional Conduct to scenarios involving AI tools in litigation, with particular attention to competence, confidentiality, supervision, and candor

3. Identify common ethical risks associated with AI use, including hallucinated output, data privacy concerns, and inadequate oversight

4. Evaluate whether certain uses of AI may implicate the unauthorized practice of law or compromise a lawyer's independent judgment