Showing posts with label clients. Show all posts
Showing posts with label clients. Show all posts

Thursday, December 11, 2025

AI Has Its Place in Law, But Lawyers Who Treat It as a Replacement Can Risk Trust, Ethics, and Their Clients' Futures; International Business Times, December 11, 2025

 Lisa Parlagreco, International Business Times; AI Has Its Place in Law, But Lawyers Who Treat It as a Replacement Can Risk Trust, Ethics, and Their Clients' Futures

"When segments of our profession begin treating AI outputs as inherently reliable, we normalize a lower threshold of scrutiny, and the law cannot function on lowered standards. The justice system depends on precision, on careful reading, on the willingness to challenge assumptions rather than accept the quickest answer. If lawyers become comfortable skipping that intellectual step, even once, we begin to erode the habits that make rigorous advocacy possible. The harm is not just procedural; it's generational. New lawyers watch what experienced lawyers do, not what they say, and if they see shortcuts rewarded rather than corrected, that becomes the new baseline.

This is not to suggest that AI has no place in law. When used responsibly, with human oversight, it can be a powerful tool. Legal teams are successfully incorporating AI into tasks like document review, contract analysis, and litigation preparation. In complex cases with tens of thousands of documents, AI has helped accelerate discovery and flag issues that humans might overlook. In academia as well, AI has shown promise in grading essays and providing feedback that can help educate the next generation of lawyers, but again, under human supervision.

The key distinction is between augmentation and automation. We must not be naive about what AI represents. It is not a lawyer. It doesn't hold professional responsibility. It doesn't understand nuance, ethics, or the weight of a client's freedom or financial well-being. It generates outputs based on patterns and statistical likelihoods. That's incredibly useful for ideation, summarization, and efficiency, but it is fundamentally unsuited to replace human reasoning.

To ignore this reality is to surrender the core values of our profession. Lawyers are trained not just to know the law but to apply it with judgment, integrity, and a commitment to truth. Practices that depend on AI without meaningful human oversight communicate a lack of diligence and care. They weaken public trust in our profession at a time when that trust matters more than ever.

We should also be thinking about how we prepare future lawyers. Law schools and firms must lead by example, teaching students not just how to use AI, but how to question it. They must emphasize that AI outputs require verification, context, and critical thinking. AI should supplement legal education, not substitute it. The work of a lawyer begins long before generating a draft; it begins with curiosity, skepticism, and the courage to ask the right questions.

And yes, regulation has its place. Many courts and bar associations are already developing guidelines for the responsible use of AI. These frameworks encourage transparency, require lawyers to verify any AI-assisted research, and emphasize the ethical obligations that cannot be delegated to a machine. That's progress, but it needs broader adoption and consistent enforcement.

At the end of the day, technology should push us forward, not backward. AI can make our work more efficient, but it cannot, and should not, replace our judgment. The lawyer who delegates their thinking to an algorithm risks their profession, their client's case, and the integrity of the justice system itself."

Tuesday, December 9, 2025

What Happens When a Lawyer Makes a Mistake?; ABA Journal, October 28, 2025

Jeanne M Huey , ABA Journal; What Happens When a Lawyer Makes a Mistake?

"The Model Rules of Professional Conduct are clear about what must happen when a lawyer makes a “material mistake, and the steps are grounded in the duty of competence, diligence, and communication owed to a current client.

The Ethical Framework

ABA Model Rule 1.1 requires legal knowledge and thoroughness. Rule 1.3 requires promptness, and Rule 1.4 mandates keeping clients informed about their matter and promptly responding to requests for information.

When a mistake has been made during a legal representation, these rules all come into play. If the error is “material,” it must be disclosed promptly. Hoping the client never finds out or quietly fixing it before disclosing is never a good idea as it can risk turning a simple lapse into a Rule 8.4(c) problem involving deceit or misrepresentation."

Wednesday, July 2, 2025

Trial Court Decides Case Based On AI-Hallucinated Caselaw; Above The Law, July 1, 2025

Joe Patrice, Above The Law; Trial Court Decides Case Based On AI-Hallucinated Caselaw

"Between opposing counsel and diligent judges, fake cases keep getting caught before they result in real mischief. That said, it was always only a matter of time before a poor litigant representing themselves fails to know enough to sniff out and flag Beavis v. Butthead and a busy or apathetic judge rubberstamps one side’s proposed order without probing the cites for verification. Hallucinations are all fun and games until they work their way into the orders.

It finally happened with a trial judge issuing an order based off fake cases (flagged by Rob Freund(Opens in a new window)). While the appellate court put a stop to the matter, the fact that it got this far should terrify everyone.

Shahid v. Esaam(Opens in a new window), out of the Georgia Court of Appeals, involved a final judgment and decree of divorce served by publication. When the wife objected to the judgment based on improper service, the husband’s brief included two fake cases. The trial judge accepted the husband’s argument, issuing an order based in part on the fake cases."

Monday, August 19, 2024

New ABA Rules on AI and Ethics Shows the Technology Is 'New Wine in Old Bottles'; The Law Journal Editorial Board via Law.com, August 16, 2024

The Law Journal Editorial Board via Law.com; New ABA Rules on AI and Ethics Shows the Technology Is 'New Wine in Old Bottles'

On July 29, the American Bar Association’s Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512 on generative artificial intelligence tools. The opinion follows on such opinions and guidance from several state bar associations, as well as similar efforts by non-U.S. bars and regulatory bodies around the world...

Focused on GAI, the opinion addresses six core principles: competence, confidentiality, communication, meritorious claims and candor to tribunal, supervision and fees...

What is not commonly understood, perhaps, is that GAI “hallucinates,” and generates content...

Not addressed in the opinion is whether GAI is engaged in the practice of law...

At the ABA annual meeting, representatives of more than 20 “foreign” bars participated in a roundtable on GAI. In a world of cross-border practice, there was a desire for harmonization."

Monday, July 29, 2024

Lawyers using AI must heed ethics rules, ABA says in first formal guidance; Reuters, July 29, 2024

S, Reuters; Lawyers using AI must heed ethics rules, ABA says in first formal guidance

"Lawyers must guard against ethical lapses if they use generative artificial intelligence in their work, the American Bar Association said on Monday.

In its first formal ethics opinion on generative AI, an ABA committee said lawyers using the technology must "fully consider" their ethical obligations to protect clients, including duties related to lawyer competence, confidentiality of client data, communication and fees...

Monday's opinion from the ABA's ethics and professional responsibility committee said AI tools can help lawyers increase efficiency but can also carry risks such as generating inaccurate output. Lawyers also must try to prevent inadvertent disclosure or access to client information, and should consider whether they need to tell a client about their use of generative AI technologies, it said."

Tuesday, January 30, 2024

Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark; JDSupra, January 29, 2024

Ralph Artigliere , JDSupra; Florida’s New Advisory Ethics Opinion on Generative AI Hits the Mark

"As a former Florida trial lawyer and judge who appreciates emerging technology, I admit that I had more than a little concern when The Florida Bar announced it was working on a new ethics opinion on generative AI. Generative AI promises to provide monumental advantages to lawyers in their workflow, quality of work product, productivity, and time management and more. For clients, use of generative AI by their lawyers can mean better legal services delivered faster and with greater economy. In the area of eDiscovery, generative AI promises to surpass technology assisted review in helping manage the increasingly massive amounts of data.

Generative AI is new to the greater world, and certainly to busy lawyers who are not reading every blogpost on AI. The internet and journals are afire over concerns of hallucinations, confidentiality, bias, and the like. I felt a new ethics opinion might throw a wet blanket on generative AI and discourage Florida lawyers from investigating the new technology.

Thankfully, my concerns did not become reality. The Florida Bar took a thorough look at the technology and the existing ethical guidance and law and applied existing guidelines and rules in a thorough and balanced fashion. This article briefly summarizes Opinion 24-1 and highlights some of its important features.

The Opinion

On January 19, 2024, The Florida Bar released Ethics Opinion 24-1(“Opinion 24-1”)regarding the use of generative artificial intelligence (“AI”) in the practice of law. The Florida Bar and the State Bar of California are leaders in issuing ethical guidance on this issue. Opinion 24-1 draws from a solid background of ethics opinions and guidance in Florida and around the country and provides positive as well as cautionary statements regarding the emerging technologies. Overall, the guidance is well-placed and helpful for lawyers at a time when so many are weighing the use of generative AI technology in their law practices."

Friday, May 5, 2023

New ABA ethics opinion warns about handling retainer and other fees; ABA Journal, May 3, 2023

 DAVID L. HUDSON JR., ABA Journal; New ABA ethics opinion warns about handling retainer and other fees

"“When a client pays an advance to a lawyer, the lawyer takes possession—but not ownership—of the funds to secure payment for the services the lawyer will render to the client in the future,” according to Formal Opinion 505.

The opinion acknowledges that there is a type of fee called a general retainer, whereby a client pays the lawyer a fee to “reserve the lawyer’s availability.” However, the opinion notes that general retainers are quite rare and not consistent with the modern practice of law. The opinion also cautions that a general retainer “may be determined to be an unreasonable fee or even unearned if the lawyer does not make himself or herself available.”

Rather, the term “retainer” should normally be labeled as an advance."

Monday, January 24, 2022

How to avoid 10 common ethics pitfalls; ABA Journal, June 1, 2020

DAVID L. HUDSON JR., ABA Journal; How to avoid 10 common ethics pitfalls

"Lawyers are stewards of their clients’ most sensitive and personal information. They serve as officers of the court and are in positions of public trust. But these high standards can lead to steep falls, and a lawyer who doesn’t carefully mind ethics obligations can quickly run afoul of the rules of professional responsi-bility. 

Most states require ethics training as part of continuing legal education requirements. But a quick scan of disciplinary records reveals lawyers behaving badly on a spectrum of issues—from improper advertising to mishandling private information and everything in between.

Whether intentionally flouting ethics rules or unwittingly succumbing to the many pitfalls that can appear, lawyers regularly face discipline for crossing the line. Being hauled in front of a disciplinary board can cause professional embarrassment, suspension of a law license and even disbarment. 

We asked legal ethics experts for a primer on the most pressing and pernicious ethics traps out there for the modern lawyer, along with best practices to avoid problems on the front end.

The lesson is to not only beware, but be aware."

Tuesday, October 15, 2019

Seven Bold Leaders Reveal How Ethical Leadership Is A Boon To Business; Forbes, October 14, 2019

Bruce Weinstein, Forbes; Seven Bold Leaders Reveal How Ethical Leadership Is A Boon To Business

"Ethical leadership in a business benefits the bottom line. It’s also a boon to the people who work for the organization and the people it serves.

The relationship between ethical conduct and benefits is one of the themes of this year’s Global Ethics Day. The Carnegie Council for Ethics in International Affairs created this event nine years ago to provide an “opportunity for organizations around the world to hold events on or around this day, exploring the meaning of ethics in international affairs.”

Last year, I observed Global Ethics Day in this column by asking 20 leaders what “ethics” meant to them. Each provided a one-sentence summary. This year we’re stretching out a bit. I asked seven leaders to provide a concrete example or two of how ethical leadership benefits businesses, employees, clients and communities.

Here’s what they said."

Friday, January 4, 2019

Ethics Webinar: When an Attorney or Expert Screws Up; American Bar Association (ABA), Thursday, January 24, 2019


 
American Bar Association.
 
 
 
 
 
 
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Wednesday, March 7, 2018

ABA Webinar: Thursday, March 8, 2018


Webinar | March 8, 2018 | 1:00 PM - 2:00 PM ET‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ ‌ 

American Bar Association.

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Tuesday, February 28, 2017

Oscars Mistake Casts Unwanted Spotlight on PwC; New York Times, February 27, 2017

David Gelles and Sapna Maheshwari, New York Times; 

Oscars Mistake Casts Unwanted Spotlight on PwC


"One video posted there, introducing Mr. Cullinan and Ms. Ruiz, began with the line, “The reason we were even first asked to take on this role was because of the reputation PwC has in the marketplace for being a firm of integrity, of accuracy and confidentiality.” It went on to note that the relationship was “symbolic of how we’re thought of beyond this role and how our clients think of us.”

But how clients think of PwC may change.

Mr. Gilman, the crisis communications specialist, said he was curious to see if PwC kept the Oscars contract. “They have branded themselves around this event saying, ‘We’re trusted’ — that’s the implication. Now I think that will take a hit.”"