Posted by:
Carla Leow
on Mar 27, 2025
Are you sick of hearing about Artificial Intelligence yet? We hope not! After demonstrating some of AI’s capabilities at the 2023 TBA Kiroff Bench Bar Conference, we took our AI show on the road and presented “Sweet AI of Mine: Rocking New Legal Technology,” to the New York State Bar Association. This updated version explored practical applications of generative AI for lawyers, judges, and professionals. This technology is not only the new reality of the legal community, but also the world as a whole. Here are the highlights.
The High Notes
AI, as a concept, has existed since the 1950s. But the new “Generative AI” tools now available are fundamentally different. Through a process called “machine learning,” these “Large Language Models” use algorithms to continually teach themselves – without human supervision – and have the capability to converse like humans.
For example, AI platforms can now draft motions, summarize transcripts or videos, and review documents with speed and accuracy. AI-powered tools can retrieve reliable answers from internal databases and government websites, provide explanations of complex legal theories, and even generate arguments or litigation strategies. All of these features (and many more) can help practitioners get to the “smoking gun,” or lack thereof, in a given case. We used to go to libraries to pull books and Shepardize cases, then online legal research tools took off, saving time and improving accuracy. A similar evolution is occurring with AI, but it’s not limited to only research. With the volume of data growing daily, these tools are imperative to prevent the legal profession from drowning in vast oceans of data.
Staying in Tune
But with great power comes great responsibility—lawyers have obligations to remain in compliance with our ethical standards. Lawyers should therefore review ABA Formal Opinion 512, issued this past summer, which offers guidance. According to the ABA, lawyers need not become “AI experts,” but they “must have a reasonable understanding of the capabilities and limitations of the specific [generative] AI technology that the lawyer might use.” Lawyers should be aware of the following guidelines:
- Competence (Model Rule 1.1): Lawyers need to maintain the necessary knowledge and skill – this includes understanding the capabilities and limitations of AI tools, and keeping abreast of technology advancements and regulatory changes.
- Communication (Model Rule 1.4): Lawyers have a duty to communicate with clients about the tools and processes used during representation. If using AI in handling client matters – especially involving sensitive or confidential information – lawyers may need to disclose, explaining benefits and risks to the client.
- Confidentiality (Model Rule 1.6): When using AI tools, lawyers must ensure that adequate measures are in place to prevent unauthorized access or disclosure of sensitive data. This includes vetting AI providers and understanding how data is processed and stored.
- Supervision (Model Rule 5.3): Lawyers are responsible for supervising nonlawyers involved in providing services, including third-party technology providers. This extends to ensuring that the outputs generated by AI are accurate.
- Reasonableness of Fees (Model Rule 1.5): Lawyers must be transparent about their use of technology to be more efficient, and must ensure that the efficiencies gained do not lead to inflated billing.
As we emphasized, it is critical to thoroughly review AI-generated outputs. While AI can draft motions and analyze documents, any errors or omissions are still the lawyer’s responsibility. The ethical risks also extend to client communication and consent – attorneys should inform clients about the role technology plays in their cases, particularly when sensitive or confidential information is involved. The human must remain in the loop to guide and oversee information put into AI platforms, as well as the outputs. With proper oversight, lawyers can integrate AI into their practices (or at least check it out) without running afoul of their ethical duties.
Charting the Future
Even for AI enthusiasts like us, the presentation reinforced a critical point: AI is a powerful tool to augment – not replace – lawyer judgment. By experimenting with AI thoughtfully and ethically, we can find ways to offer faster, more accurate services. This “newfangled” technology is here to stay and while you need not be an expert, you should consider how, in your daily life, you use and interact with technology.
So what’s the recommendation going forward? Be cautious, but also be brave. As this technology continues to expand and improve, there’s no time like the present to learn something new. As the famous quote attributed to Alan Turing goes: “Those who can imagine anything, can create the impossible.” With the wright guardrails in place, AI can make you not only more efficient, but also future-proof.
