New Ethics Rules for Using Generative AI in the Practice of Law: Complying With ABA Formal Opinion 512
This webinar offers 90 minutes of Ethics credit.
Recording of a 90-minute CLE video webinar with Q&A
This CLE webinar will discuss the American Bar Association's first formal opinion offering ethics guidance on the use of generative AI (GAI) in the practice of law. The panel will walk attendees through Formal Opinion 512 and the model rules that are implicated by the use of GAI, such as those on competency, informed consent, confidentiality, and fees. The panel will also point out questions left open by the formal opinion, opportunities for GAI, and how attorneys can avoid missteps.
Outline
- Introduction to GAI
- Analysis of topics in Formal Opinion 512
- Competence
- Confidentiality
- Communication
- Meritorious claims and contentions and candor toward the tribunal
- Supervisory responsibilities
- Fees
- Rules cited
- Model Rule 1.1
- Model Rule 1.4
- Model Rule 1.5
- Model Rule 1.6
- Model Rule 1.9
- Model Rule 1.18
- Model Rules 3.1, 3.3, and 8.4(c)
- Model Rules 5.1 and 5.3
- Other relevant ABA formal ethics opinions
Benefits
The panel will review these and other key issues:
- What does it mean to understand the capabilities and limitations of GAI tools?
- How can lawyers satisfy their duty of confidentiality when using a GAI tool that requires input of information relating to a representation?
- When must lawyers disclose their use of a GAI tool to clients?
- What level of review of a GAI tool's process or output is necessary?
- What constitutes a reasonable fee or expense when lawyers use a GAI tool to provide legal services to clients?
Faculty
Professor Maura R. Grossman, JD, PhD
Research Professor
David R. Cheriton School of Computer Science at the University of Waterloo
Ms. Grossman, J.D., Ph.D., is a Research Professor in the David R. Cheriton School of Computer Science at the... | Read More
Ms. Grossman, J.D., Ph.D., is a Research Professor in the David R. Cheriton School of Computer Science at the University of Waterloo, an Adjunct Professor at Osgoode Hall Law School of York University, and an affiliate faculty member at the Vector Institute of Artificial Intelligence, all in Ontario, Canada. She also is Principal at Maura Grossman Law, an eDiscovery law and consulting firm in Buffalo, New York. Ms. Grossman is most well known for her scholarly work on technology-assisted review (“TAR”), which has been widely cited in the case law, both in the U.S. and abroad. She is also known for her appointments as a special master and/or as an expert in multiple, high-profile federal and state court cases. In addition to her J.D. from the Georgetown University Law Center, Ms. Grossman also holds M.A. and Ph.D. degrees in Psychology from the Derner Institute of Adelphi University.
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Jan L. Jacobowitz, Esq.
Founder and Owner
Legal Ethics Advisor
Ms. Jacobowitz is a legal ethics,... | Read More
Ms. Jacobowitz is a legal ethics, social media, and technology expert who is the founder and owner of Legal Ethics Advisor. For over a decade, she was the Director of the Professional Responsibility and Ethics Program (PREP) at the University of Miami's School of Law. Under her direction, PREP was a 2012 recipient of the ABA’s E Smythe Gambrell Award---the leading national award for a professionalism program. Ms. Jacobowitz provides legal ethics consulting, opinion letters, and CLE training to law firms and legal organizations. She also serves as a legal ethics expert in litigation matters. Recently, Ms. Jacobowitz has been involved in cases involving issues such as attorney fees, conflicts of interest, and the unauthorized practice of law.
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Kiriaki Tourikis
Attorney
Reed Smith
Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and... | Read More
Ms. Tourikis is an associate in the Tech & Data group, focusing her practice on enterprise data risk management and information governance, data privacy, records and e-discovery. She advises large financial services institutions on enterprise data risk management strategies to manage legal and regulatory issues associated with both traditional and innovative techonologies and data sources.Ms. Tourikis' practice involves advising clients on lowering risk associated with using and storing information across jurisdictions. In her role, she counsels large financial institutions, on all aspects of data risk management and the discovery and management of electronic data, including: data migrations; technology implementation and management; the policies and procedures regarding the governance of information in various technologies; eDiscovery strategy and management; the use of data analytics for eDiscovery, compliance and risk management; the development of data source catalogues, disclosures, and responses relating to electronically stored information; and the remediation of legacy data (both paper and electronic).
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