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I must admit, I have not dipped my toes into the generative AI waters yet. I like to tell myself that I am not some sort of Luddite who is opposed to embracing new technologies, but in reality there are some Luddite tendencies at work. Perhaps the thing I fear the most is that somehow generative AI will replace what I both love and hate most about my job: staring at a blank Word document on my computer and trying to come up with something interesting to say to fill the space. And then there is the part about the generative AI robots coming for my job itself, but I remain hopeful that is not imminent.

As everyone tries to figure out how best to deploy generative AI in their work lives, we now have some helpful guidance from the Standing Committee on Ethics and Professional Responsibility of the American Bar Association, which recently published Formal Opinion 512, providing guidance on the ethical use of generative AI tools by legal professionals. This Debevoise & Plimpton blog notes:

On July 29, 2024, the Standing Committee on Ethics and Professional Responsibility of the American Bar Association (“ABA”) published Formal Opinion 512, providing guidance on the ethical use of generative AI tools by legal professionals (the “Opinion”). The Opinion is the latest of several similar ethical guidelines published by various state courts and bar ethics committees, including the September 2023 guidance from the Committee on Professional Responsibility and Conduct for the State Bar of California (“COPRAC”), the January 2024 Florida Bar Ethics Opinion 24-1, the January 2024 New Jersey Supreme Court Notice to the Bar, and the April 2024 Report and Recommendation of the New York State Bar Association Task Force on Artificial Intelligence. We have previously written about the COPRAC guidance and key takeaways for professional firms’ use of AI. To date, no state courts, bar ethics committees, or other advisory bodies on legal practice have chosen to amend or create new ethical rules for generative AI—instead, all such bodies have chosen to extend existing rules to use of this new technology.

Although the Opinion is intended to assist lawyers with upholding their ethical and professional responsibility obligations when using generative AI in legal practice, the guidance is also instructive for the responsible use of generative AI outside of the legal profession.

The Opinion addresses six different ethical considerations outlined in the ABA Model Rules of Professional Conduct, including competence, confidentiality, communication, candor, supervisory responsibilities and fees. This Opinion is definitely a must read for any legal professional who is using generative AI in their daily practice.

Side Note: As you might have guessed, the image used in the Debevoise & Plimpton blog is the stuff of my nightmares!

– Dave Lynn