The Use of Generative AI in the Law: Understanding Ethical Rules and Responsibilities

Generative AI provides attorneys with access to a potentially powerful new tool for research and writing.  However, the use of generative AI by lawyers implicates several ABA and State Bar rules, and creates substantial legal and technical risks for practitioners.  In this podcast, Bradford Newman, Co-Chair of the AI Subcommittee of the Business and Commercial Litigation Section and a recognized expert in AI, explains the technology behind generative AI and identifies the key Ethical Rules and issues that govern lawyers’ use of these tools.  Brad makes this subject entertaining and easy to understand for AI experts and newcomers alike, while covering subjects like the lawyer’s responsibility to understand how these tools function and their shortcomings, and the need to be transparent with clients and the court. He grounds the discussion in a pending case in the Southern District of New York that highlights the real world perils to practitioners who are not adequately informed.