Gen AI and Attorney Ethics: A State-by-State Roundup
Be cautious, be curious, be vigilant, and be brave. Those were the words of the New York State Bar Association’s Task Force on Artificial Intelligence. It is good advice. GenAI is here and lawyers need to understand its risks, its benefits, and how it can (and should) be ethically integrated into their legal practice. Despite the changing world around us, a lawyer’s fundamental ethical obligations remain the same . Attorneys are required to comply with the Rules of Professional Conduct in their state and apply those rules to GenAI . Some states have issued AI-specific guidance while others are still racing to catch up. We highlight some of the state guidance as well as the ABA Model Rules. GenAI in ABA Model Rules While the ABA Model Rules do not apply to attorneys directly, they form the foundation of the majority of state rules so guidance from the ABA is helpful. The relevant obligations in these rules include: Competence (Rule 1.1) Rule 1.1 mandates competent represent...