Ethics Rules for Using Generative AI in the Practice of Law: Complying With ABA Formal Opinion 512

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.

Formal Opinion 512 (July 29, 2024) is the American Bar Association's first formal guidance on the use of GAI in the practice of law and it focuses on ethical issues created by GAI's ability to create "new" content, whether in the litigation or transactional setting. It is must reading—and understanding—for every lawyer.

The opinion's framework for the ethical use of GAI is comprehensive and aims to ensure lawyers uphold their professional responsibilities if using GAI. The order is important: ethics first, technology second.

The opinion specifically addresses attorneys' duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meritorious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.

Listen as this panel explores the ABA's first guidance about using GAI in the practice of law.