For the Defense - Vol. 8, Issue 3 - 22

The duty of supervision begins with lawyers ensuring that they
and their staff members are competent in the use of AI tools. This
includes having the necessary technical knowledge to evaluate the
quality and reliability of the AI system being used and the ability
to assess the risk of potential errors or biases that may arise from
the use of AI. Lawyers must also ensure that their staff members
are adequately trained in the use of AI and that they are using it
responsibly and ethically.
In addition to ensuring competence, lawyers have a duty to
supervise the use of AI by their staff members to ensure that they
are using it in a manner that is consistent with ethical and legal
standards. This includes monitoring the use of AI tools to ensure
that they are being used correctly and that any potential errors or
biases are being addressed promptly. Lawyers must also ensure that
their staff members are following proper procedures to protect
client confidentiality and that they are taking adequate security
measures to prevent cyber threats and data breaches.
Lawyers must also ensure that the use of AI is in complies with
legal and regulatory requirements. For example, lawyers must
ensure that AI is used in a manner that is consistent with the rules
of professional conduct and that any evidence produced by the AI
system is admissible in court. Lawyers must also ensure that any
data used in the AI system is obtained legally and that it is not
being used in a manner that violates client privacy or other legal
requirements.
The duty of supervision when using AI is essential to ensure
that lawyers are using technology ethically and effectively to
deliver competent legal services to their clients. Proper supervision
and oversight of AI use are necessary to ensure that ethical and
legal obligations are being met and that clients' rights are being
protected. By ensuring that they and their staff members are
competent in the use of AI tools and are using them responsibly
and ethically, lawyers can maximize the potential of AI to benefit
their clients while minimizing the risk of errors or bias.
What is the ethical duty of lawyers when using AI
which may relate to bias and fairness?
The use of artificial intelligence in the legal profession has the
potential to improve efficiency, accuracy, and access to justice.
However, it also raises ethical concerns about the potential for bias
and unfairness. Lawyers have an ethical duty to ensure that their
use of AI does not perpetuate or exacerbate existing biases and
that it promotes fairness and justice.
One of the primary ethical concerns with the use of AI in the
legal profession is the potential for bias. AI algorithms are only
as unbiased as the data sets on which they are trained. If the
data sets are biased, the AI will reflect that bias. For example, if
a data set used to train an AI system contains historical patterns
of discrimination, the AI may perpetuate or even amplify those
patterns.
Lawyers must ensure that the data used in AI systems is
representative and free from bias. This may involve scrutinizing the
data sets used to train AI algorithms and, if necessary, removing
any data that could be biased. Lawyers must also ensure that they
do not make decisions based solely on the output of an AI system,
22 For The Defense l Vol. 8, Issue 3
as this can perpetuate bias.
Another ethical concern with the use of AI in the legal profession
is fairness. Lawyers must ensure that their use of AI does not
unfairly disadvantage certain groups. For example, if an AI system
is used to predict the likelihood of a defendant reoffending,
it must be accurate and fair in its predictions. If the AI system
disproportionately predicts that members of certain groups are
more likely to reoffend, it could result in unfair and discriminatory
treatment.
To promote fairness, lawyers must be transparent about their use
of AI and its limitations. They must inform their clients of the use
of AI and how it was used to reach any decisions. They must also
ensure that the data used in AI systems is relevant and up-to-date
and that it reflects the diverse needs and experiences of all people.
To summarize, the ethical duty of lawyers when using AI in the
legal profession is to ensure that their use of technology promotes
fairness and justice and does not perpetuate or exacerbate existing
biases. This requires a critical evaluation of the data sets used in AI
systems, transparency about the use of AI, and a commitment to
promoting fairness and equality in the delivery of legal services. By
being mindful of these ethical concerns, lawyers can ensure that
their use of AI maximizes the potential for justice while minimizing
the risk of bias and unfairness.
How can a lawyer best learn about ethical dangers
of using AI?
Here are some suggestions:
1. Participate in Continuing Legal Education (CLE)
programs: Many bar associations and legal
organizations offer CLE programs on legal technology,
including the ethical implications of using AI. These
programs can provide valuable insights into the
benefits and risks of using AI, as well as best practices
for ethical and responsible use of AI.
2. Read relevant literature: There are many books,
articles, and reports on the ethical implications of AI
in the legal profession. By reading these materials,
lawyers can gain a deeper understanding of the risks
and benefits of using AI and the ethical considerations
that must be taken into account.
3. Join legal technology communities: Lawyers can
join legal technology communities such as the Legal
Hackers or Legal Tech Seattle, which are dedicated
to exploring the intersection of law and technology.
These communities provide opportunities for lawyers
to connect with other legal professionals and learn
about the latest developments in legal technology,
including the ethical implications of AI.
4. Consult with experts: Lawyers can consult with experts
in AI and legal technology, including consultants,
technologists, and academics.
These
experts
can
provide insights into the ethical implications of using
AI and best practices for ethical and responsible use.
5. Stay up-to-date with legal and regulatory
developments: The legal and regulatory landscape
around AI is rapidly evolving. By staying current
with legal and regulatory developments, lawyers

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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