The Real Ethics of Artificial Intelligence for Attorneys

This presentation explores the integration of artificial intelligence (AI) in the legal field, addressing its use in legal research, transactional due diligence, and agreement drafting, alongside the risks and ethical implications under the ABA Model Rules. It will discuss potential malpractice from overreliance on AI, confidentiality threats, and whether the non-use of AI could constitute ethical violations, aiming to delineate the evolving expectations on lawyers to enhance productivity and service quality.

Credit(s)

1 Ethics

CO Approval ID

854455

Original Program Date

December 10, 2024

Duration

62 minutes

Artificial intelligence (AI) is already being used by lawyers for legal research, to assist with transactional due diligence or discovery requests, and for assisting with drafting agreements. Although some lawyers are skeptical of AI, many are simply unaware of the available tools and how AI can and will increase their productivity. AI is not without risk, however, if used improperly. This presentation will examine the ethical implications under the ABA Model Rules of Professional Conduct for lawyers using AI, including when overreliance on AI could constitute malpractice, and how AI could threaten confidential information or risk inadvertent waiver of the attorney-client privilege. The speakers will also discuss whether the failure to use AI might constitute ethical violations when it could improve legal outcomes, whether in-house counsel should expect and demand outside counsel to use AI to deliver better legal services at a lower cost, and other implications of AI for the practice of law generally.

Speakers

Credits

Materials

1 CLE Credit(s) – Approval ID: CO

This course has been accredited for CLE credit in Colorado. CLE credit hours shown are for Colorado only. A CLE course number for Colorado will be provided to attendees on their certificates of attendance once a course has been completed. New Mexico attorneys who complete a course must notify us (cle@rmmlf.org) because we are required to report credits for you. If this course has been approved for RPL/CPL credit with the American Association of Professional Landmen (AAPL), the credits will be listed below in a separate section for AAPL. If applicable, Component Codes for AAPL recertification will also be provided. Please contact RMMLF if you need independent verification by the provider of your attendance or participation for CLE purposes. Except as provided above, RMMLF generally does not apply for accreditation from any other MCLE/CPD organizations for its online legal education program. Upon completion of a program a certificate of attendance will be issued to all attendees. Except as provided above, attendees must verify with their respective state bars and CPD organizations and their specific rules as to whether or not the certificate of attendance will be recognized by that body for MCLE/CPD purposes, and the number of CLE/CPD credits that may be available. The live presentation of the on-demand program has been accredited in most mandatory states as part of a larger course, but such accreditation does not assure recognition of the on-demand program.

GEORGE NIÑO serves as Executive Vice President Legal and Compliance for Yokogawa Corporation of America (YCA). He has a similar role with KBC Advanced Technologies (KBC). YCA and KBC’s ultimate parent company is Yokogawa Electric Corporation, which is listed on the Tokyo Stock Exchange. Yokogawa provides advanced solutions in the areas of measurement, control, and information to customers across a broad range of industries, including energy, chemicals, pharmaceuticals, and space. Yokogawa addresses customer issues regarding the optimization of production and assets. In 2023, George began researching the legal risks and benefits of companies using generative AI tools. George often speaks about policies regarding the responsible use of AI and related legal and ethical issues. In 2023, he discussed these topics at SMU, and in 2024, he will moderate a panel on these topics at Stanford Law School. George also posts about AI on LinkedIn. He is a member of the boards of the Texas General Counsel Forum (Houston) and the Hispanic Bar Association (Houston). Early in his career, George worked as International Law Enforcement Specialist with the Department of Treasury and Special Assistant United States Attorney with the Department of Justice. George graduated from Yale and Stanford Law School.

BRAD WEBER is the Co-Chair of Locke Lord’s Antitrust Practice Group and Artificial Intelligence Industry Group, working in both the Dallas and Washington, D.C. offices. He also is a Past Chair of the Antitrust & Business Litigation Section of the State Bar of Texas, a former Director on the Board of the State Bar of Texas, a Past President of the Dallas Bar Association, and a Past Chair of the Dallas Bar Foundation. Brad has developed a full-service antitrust practice with an emphasis on litigation, government investigations, and antitrust compliance. His recent litigation cases have involved clients from a wide range of industries, including energy, real estate, insurance, property management, building products, travel services, and agriculture. He also has extensive experience representing clients in class actions and multidistrict litigation. Brad speaks and writes frequently on antitrust law enforcement, practice, and compliance, including developing issues at the intersection of antitrust law and artificial intelligence (AI). He is a frequent guest lecturer at the Dedman School of Law at Southern Methodist University. Brad also has been a recent speaker and author of a published law review article on the antitrust risks associated with the use of big data and AI algorithms for setting the prices of goods and services. He received his BS degree in Engineering Science from Iowa State University and his JD degree from the University of Michigan Law School.