New ABA Rules on AI and Ethics Shows the Technology Is 'New Wine in Old Bottles'
Not addressed in the American Bar Association's opinion on generative AI is whether the technology is considered to be engaging in the practice of law.
August 16, 2024 at 11:00 AM
5 minute read
Legal Ethics and Attorney DisciplineOn July 29, the American Bar Association's Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512 on generative artificial intelligence tools. The opinion follows on such opinions and guidance from several state bar associations, as well as similar efforts by non-U.S. bars and regulatory bodies around the world. While the ABA had previously added a commentary to its black-letter model rule on competence that competence includes keeping abreast of "the benefits and risks associated with relevant technology," generative AI has raised questions as to the continued viability of current rules to address this particular technology. Formal Opinion 512 indicates that the old bottles are sufficient to handle the new wine, but admits that this is not the last word and updated ethical guidance will issue.
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