Minding the Gaps in Lawyers’ Rules of Professional Conduct

25 Pages Posted: 18 Oct 2019

Date Written: October 17, 2019


When lawyers’ rules of conduct fall short in expressing contemporary professional responsibility values, regulators fill this gap with modifications, additions, and subtractions to or from enumerated provisions. One example of this phenomenon makes reference to technology in legal practice: A comment to Rule 1.1 added in 2012 tells lawyers that competent representation now includes knowing the risks and benefits of “relevant technology.” Offering a wider instance of gap filling with respect to the Model Rules of Professional Conduct, this Article commends artificial intelligence as a source of guidance to individual lawyers that works by locating instances of inadvertence before they occur. It notes specifics of how the profession can (and already does) use this technology to help mind that gap and nominates continuing legal education as a source of expansion.

Keywords: Attorneys, Professional Responsibility, Model Rules, Artificial Intelligence

Suggested Citation

Bernstein, Anita, Minding the Gaps in Lawyers’ Rules of Professional Conduct (October 17, 2019). Oklahoma Law Review, Vol. 72, p. 125, 2019, Brooklyn Law School, Legal Studies Paper No. 615, Available at SSRN: https://ssrn.com/abstract=3471519

Anita Bernstein (Contact Author)

Brooklyn Law School ( email )

250 Joralemon Street
Brooklyn, NY 11201
United States
718-780-7934 (Phone)

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