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Course Details

Course Information
  • smart_display Format

    Live Online with Live Q&A

  • signal_cellular_alt Difficulty Level

    Intermediate

  • work Practice Area

    Ethics

Date & Time
  • event Date

    Monday, June 30, 2025

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    120 minutes

Credit Information

  • An excellent opportunity to earn Ethics CLE credits. Note: BARBRI cannot guarantee that this course will be approved for ethics credits in all states. To confirm, please contact our CLE department at pdservice@barbri.com.

$197.00

This course is $0 with these passes:

CLE
ALL

This CLE webinar will guide counsel on navigating the challenges when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations. The panel will also offer best practices for ensuring compliance with ethical obligations and protecting confidential information. 

, syllabus=

I. Ethical challenges

A. Duty of competence

B. Duty of confidentiality

C. Duty of supervision

II. Privacy and security considerations

III. Best practices for ethical compliance and protection of confidential information

Faculty

Aaron K. Tantleff
Partner
Foley & Lardner LLP

Mr. Tantleff, CIPP/E, is a partner in Foley’s Technology Transactions, Cybersecurity, and Privacy; and the Environmental, Social, and Corporate Governance (ESG) practice groups. He represents companies in various technology, privacy, security, information management, open source, and intellectual property matters, such as the development of compliance policies, programs, cybersecurity breach preparation, incident response, big data, and data monetization initiatives. Mr. Tantleff also regularly represents clients in mergers and acquisitions, outsourcing transactions, strategic alliances, development and licensing arrangements, supply and distribution arrangements, and other strategic and collaborative transactions involving significant technology and intellectual property. He  is a frequent speaker on technology, security, privacy, and outsourcing matters, and is regularly quoted in The Wall Street Journal, Reuters, Politico, Fortune, and other top-tier publications on topics such as cyberattacks, privacy law developments, and data protection, including regarding the General Data Protection Regulation (GDPR) and the Asia Pacific Cross Border Privacy Rules. Mr. Tantleff has been retained for data protection, cybersecurity, monetization of big data/IoT programs, and data breach response, remediation, and simulations by companies across all industries and sizes, domestically and abroad, including several Fortune 100 companies. He has also counseled several state legislators on cybersecurity legislation.

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Description

p>The ABA Model Rules of Professional Conduct Rule 1.1 requires attorneys to "provide competent representation to a client." As such, attorneys have an ethical duty to be competent when using AI or other technology in their practice.

Client confidentiality is a core duty of the attorney. Under Rule 1.6 "a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent" and, when using AI, attorneys must be aware and take action to mitigate the risk of exposing client information. Further, because AI relies on the information input to train its models, platforms need to have data privacy and security safeguards in place. Failure to do so could mean exposure of sensitive information.

While generative AI is opening new doors with time-saving tools, the technology has limitations that could be problematic if left unchecked. The limitations typically center around the accuracy of its output and the data used to train its systems. Proper oversight is critical when using AI in the practice of law. To meet the duty of professional competence, an attorney needs to provide oversight of any work product generated from AI.

Relying on AI-generated or informed work product does not meet the ethical duty of professional competence if a lawyer does not understand how the AI operates and does not play an active role in the oversight of any work product it generates.

Listen as our expert panel discusses the challenges facing attorneys when using AI in the practice of law. The panel will address ethical issues and privacy and security considerations and will offer best practices for ensuring compliance with the attorney's ethical obligations and protecting confidential information. 

Benefits

The panel will review these and other critical issues:

  • What hurdles confront counsel in ensuring confidentiality of client information when using AI?
  • What steps should counsel take to comply with the ethical obligations?
  • What procedures should be in place to ensure supervision when using AI?