BarbriSFCourseDetails

Course Details

This CLE webinar will discuss the American Bar Association's first formal opinion offering ethics guidance on the use of generative AI (GAI) in the practice of law. The panel will walk attendees through Formal Opinion 512 and the model rules that are implicated by the use of GAI, such as those on competency, informed consent, confidentiality, and fees. The panel will also point out questions left open by the formal opinion, opportunities for GAI, and how attorneys can avoid missteps.

Faculty

Description

Formal Opinion 512 (July 29, 2024) is the American Bar Association's first formal guidance on the use of GAI in the practice of law and it focuses on ethical issues created by GAI's ability to create "new" content, whether in the litigation or transactional setting. It is must reading--and understanding--for every lawyer.

The opinion's framework for the ethical use of GAI is comprehensive and aims to ensure lawyers uphold their professional responsibilities if using GAI. The order is important: ethics first, technology second.

The new opinion specifically addresses attorneys' duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.

Listen as this panel explores the ABA's first guidance about using GAI in the practice of law.

Outline

  1. Introduction to GAI
  2. Analysis of topics in Formal Opinion 512
    • Competence
    • Confidentiality
    • Communication
    • Meritorious claims and contentions and candor toward the tribunal
    • Supervisory responsibilities
    • Fees
  3. Rules cited
    • Model Rule 1.1
    • Model Rule 1.4
    • Model Rule 1.5
    • Model Rule 1.6
    • Model Rule 1.9
    • Model Rule 1.18
    • Model Rules 3.1, 3.3, and 8.4(c)
    • Model Rules 5.1 and 5.3
  4. Other relevant ABA formal ethics opinions

Benefits

The panel will review these and other key issues:

  • What does it mean to understand the capabilities and limitations of GAI tools?
  • How can lawyers satisfy their duty of confidentiality when using a GAI tool that requires input of information relating to a representation?
  • When must lawyers disclose their use of a GAI tool to clients?
  • What level of review of a GAI tool's process or output is necessary?
  • What constitutes a reasonable fee or expense when lawyers use a GAI tool to provide legal services to clients?