For the Defense - Vol. 8, Issue 3 - 20

Ethics and AI - What Lawyers
Need to Know as AI is Being
Rapidly Deployed
What, specifically, are a lawyer's ethical duties
when using artificial intelligence (AI)?
M
ost lawyers, in our experience, cannot fully answer that
question! Here are some of the primary legal ethics issues
that involve a lawyer's use of AI, including:
1. Confidentiality: AI systems can store and process
vast amounts of data, and lawyers must ensure that
confidential
secure.
client
information
is
protected and
2. Bias and fairness: AI algorithms can perpetuate
or even amplify biases present in the data they are
trained on, potentially leading to discriminatory
outcomes.
3. Competence: Lawyers have an ethical obligation to
provide competent representation to their clients.
They must ensure that their use of AI does not
compromise their ability to fulfill this duty.
4. Transparency:
Lawyers must be transparent about
their use of AI and ensure that clients are fully
informed about how their data is being used.
5. Duty of supervision: Lawyers have a duty to supervise
20 For The Defense l Vol. 8, Issue 3
Sharon D. Nelson
and John W. Simek
non-lawyer assistants, including AI systems, and
ensure that their conduct is consistent with the
lawyer's ethical obligations.
Let's talk about a lawyer's duty of confidentiality
when using AI.
A lawyer's duty of confidentiality is a core principle of legal
ethics. It requires lawyers to keep client information confidential
and not to disclose it to anyone, except with the client's informed
consent or as required by law. This duty is particularly important
when lawyers use AI systems to store, process, or analyze client
data.
AI systems can collect and analyze vast amounts of data, and
lawyers must ensure that the confidential information is protected
and secure. Lawyers using AI systems must take reasonable steps to
safeguard client information, including ensuring that the AI system
is secure and that access to the data is restricted to authorized
personnel. Additionally, lawyers must ensure that any third-party
vendors they work with to develop or maintain the AI system are
also bound by the duty of confidentiality.

For the Defense - Vol. 8, Issue 3

Table of Contents for the Digital Edition of For the Defense - Vol. 8, Issue 3

Contents
For the Defense - Vol. 8, Issue 3 - 1
For the Defense - Vol. 8, Issue 3 - 2
For the Defense - Vol. 8, Issue 3 - Contents
For the Defense - Vol. 8, Issue 3 - 4
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