Paulette Marie Rodriguez Lopez, Richard Platkin, Jeffrey Huang, Alina Lee, and Bradford Newman , American Bar Association (ABA); AI in the Trenches and on the Bench
"Ethical considerations require legal practitioners to balance innovation with professional responsibility across multiple dimensions. The duty of competence demands that lawyers understand the capabilities and limitations of AI tools they employ, while communication obligations require transparency with clients about AI use in their matters. Confidentiality concerns arise when sensitive client data is processed through third-party AI platforms, particularly when terms of service remain ambiguous about data retention and use. The duty of candor to tribunals has taken on new significance as courts grapple with AI-generated hallucinations, exemplified by high-profile sanctions in cases where lawyers submitted fabricated citations. Supervisory duties extend to ensuring that junior attorneys, paralegals, and staff use AI tools appropriately and in compliance with firm policies.
Courts have responded with divergent approaches: Some have issued standing orders prohibiting AI use in court filings entirely, with potential sanctions ranging from striking pleadings to contempt citations and case dismissal, while others have declined to adopt special AI rules, instead emphasizing that reliance on AI will not excuse otherwise sanctionable conduct. These varied judicial responses reflect ongoing uncertainty about how to balance technological advancement with the integrity of legal proceedings.
Despite these risks and varied judicial approaches, AI tools offer significant potential for enhancing legal practice when used responsibly. Use cases range from chambers research and case management to in-house contract review, legal research, document drafting, and litigation support at law firms of all sizes."
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