We’re sure you’ve heard some of the red flags and warnings about attorneys using generative AI in their practices. But what about green lights? This week’s OBLIC News features an update on use cases of new AI tools to help you adhere your AI uses to the highest standards of professionalism.

You’re in the Driver’s Seat

Attorneys across the country are using AI tools, some of which are integrated in their current tech stack. AI is in the process of becoming incorporated into many aspects of practice including:

• Client Interaction and Communication
• Document Automation
• Legal Research
• Due Diligence / Contract Review
• Discovery
• Predictive Analysis
• Case Management / Firm Management
• Billing, Time Tracking / Business Development
• Training & Professional Development
• Marketing / Content Generation

After discussing with your firm, you may find one or more opportunities to leverage technology to your advantage. Not all uses may be the right fit for your practice or your comfort level, but making conscious decisions about your use of AI may create efficiencies and improvements. 

Keep in mind that not all AI tools are appropriate for all uses. For example, ChatGPT and Gemini are not to be used for legal research at this time, but may be useful for explaining a concept in lay terms or editing marketing material. You’re the driver here, and your team and your clients will benefit from proactive investigation of AI use.

Share Your Route and Get the Go-Ahead

Lawyers should notify clients before implementing AI solutions, emphasizing transparency to build trust and maintain ethical standards. Assess whether informed consent is needed based on the AI tool’s nature, its impact on client communications, and data storage practices, as well as considering the sensitivity of client information. When deciding whether to disclose your firm’s use of AI, prioritize your client’s authority and decision-making. Start by clearly explaining the role of AI in legal processes, ensuring clients understand how their data will be used and the implications of AI involvement.

Regularly update clients on AI usage, promptly addressing concerns and ensuring ongoing alignment with client expectations and legal obligations.

When to Hit the Brakes

Staying on track requires a metered pace and exercised caution. Free and open-source AI tools are generally believed to not be appropriate to be used for specific client matters. Due to self-training through user interaction, there is concern that specific prompts that contain client information will be disclosed to third parties.

Unencrypted, aggregated storage or AI-driven tools that record attorney-client communications should give lawyers pause. Be wary of chatbots that could inadvertently give website visitors legal advice or create an attorney-client relationship. A general recommendation when leveraging an AI-driven chatbot on digital platforms is to make it clear to the user that it is, in fact, AI and not a real person. A missed or incorrect statute of limitations date, a prospective client believing that they are represented by counsel, and unresolved conflicts of interest are leading causes of legal malpractice. It’s easy to imagine how each of these could be caused by an AI-driven tool not adequately supervised by an attentive attorney.

If your firm is considering a specific AI tool, analyze it through the lens of the Ohio Rules of Professional Conduct and seek out ethics advice.

For more guidance on using AI, check out the following:

OBLIC Article: Emerging federal regulations and AI-integrated legal research tools advance practical guidance for lawyers. (11/29/23)

OBLIC Article: An Advisory Opinion from the Florida Bar organizes and expounds on ethical considerations of AI use. (1/24/24)

District of Columbia Bar Ethics Opinion 388: Attorneys’ Use of Generative AI in Client Matters (Spring 2024)

Have any questions? Don’t hesitate to reach out. We’re here to help.

This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.