This program will help legal professionals understand where AI and generative AI fit in legal practice and the ethical duties guiding its use. It focuses on research and writing activities, emphasizing their close relationship. Poor research leads to poor work products, harming clients. Effective writing translates research into useful client information. Generative AI can shortcut this process, risking ethical violations.
The program covers the AI Engagement Framework (which I developed), detailing four key factors that determine the level of risk in using AI tools: engagement, understanding the topic and data sources, ensuring accuracy, and client confidentiality. Special attention is given to the high risks posed by consumer-grade generative AI tools, which can inadvertently disclose sensitive client information. I developed this framework to help people stop fearing technology, and start using it wisely.
A significant part of the program is dedicated to ABA Model Rules 1.1 and 1.6. Model Rule 1.1 mandates competent representation, which includes technology competence. Lawyers must stay updated on technological advancements affecting their practice and use these tools competently. Model Rule 1.6 focuses on protecting client confidences, emphasizing the need for reasonable care to prevent unauthorized disclosure of information.
To clarify how confidentiality intersects with confidentiality, I created an 11-level scale to guide the responsible use of AI. For general-use tools, only intentionally public information should be entered. Higher sensitivity levels require stringent security measures, such as encrypted storage and strict access controls. We’ll discuss this in the program.
A rubric for AI engagement quality helps lawyers understand how to interact with AI tools effectively. Low-quality engagement involves vague prompts and unreviewed outputs. Proficient engagement includes a multi-step process with personas, questioning outputs, and ensuring thorough review. The goal is to use AI creatively to improve thinking and outputs, not just to automate tasks.
By the end of this program, participants will have the knowledge, judgment, and skills to make informed decisions, mitigate risks, and harness the transformative power of AI while adhering to ethical standards and working efficiently.