Ethical Implications of Utilizing Generative Artificial Intelligence in the Legal Profession: A Cautionary Note on Potential Model Rules of Professional Conduct Violations

Authors

Rachel Schworer, Lincoln Memorial University, Duncan School of Law

First & Last Page

51-75

Abstract

The increased use of generative artificial intelligence (“GAI”) in the legal profession raises ethical questions. As a result, this note contemplates some state-adopted Model Rules of Professional Conduct that lawyers could violate if they improperly use GAI or fail to use GAI altogether. GAI enables lawyers to increase their efficiency, enhance their decision-making, and provide cost-efficient services to clients. However, GAI also presents lawyers with biased outputs, a lack of explainability, and hallucinations, as seen in recent cases when ChatGPT cited fictitious cases to lawyers. Lawyers must know all the benefits and risks to remain competent in this technology. They must also incorporate human review of GAI-generated work before submitting it to the court to ensure candor. Ultimately, for lawyers to use GAI with competence and candor, this note urges the legal community to advocate for mandatory continuing legal education credits on GAI, law firms to design policies to verify GAI-generated work through human review, and judges to create attestation orders for lawyers to sign that ensure the accuracy of GAI-generated work.

Recommended Citation

Rachel Schworer, Ethical Implications of Utilizing Generative Artificial Intelligence in the Legal Profession: A Cautionary Note on Potential Model Rules of Professional Conduct Violations, 11 Lincoln Mem’l U. L. Rev. (2024).
Available at: https://digitalcommons.lmunet.edu/lmulrev/vol11/iss2/2