The Right to (Human) Counsel: Real Responsibility for Artificial Intelligence

41 Pages Posted: 19 Oct 2023 Last revised: 26 Jan 2024

See all articles by Keith Swisher

Keith Swisher

University of Arizona - James E. Rogers College of Law

Date Written: February 11, 2023

Abstract

The bench and bar have created and enforced a comprehensive system of ethical rules and regulation. In many respects, it is a unique and laudable system for regulating and guiding lawyers, and it has taken incremental measures to account for the wave of new technology involved in the practice of law. But it is not ready for the future. It rests on an assumption that humans will practice law. Although humans might tinker at the margins, review work product, or serve some other useful purposes, they likely will not be the ones doing most of the legal work in the future. Instead, AI counsel will be serving the public. For the system of ethical regulation to serve its core functions in the future, it needs to incorporate and regulate AI counsel. This will necessitate, among other things, bringing on new disciplines in the drafting of ethical guidelines and in the disciplinary process, along with a careful review and update of the ethical rules as applied to AI practicing law.

Keywords: legal ethics; artificial intelligence; ChatGPT; rules of professional conduct; professional responsibility

JEL Classification: K1, K4, K23

Suggested Citation

Swisher, Keith, The Right to (Human) Counsel: Real Responsibility for Artificial Intelligence (February 11, 2023). 74 S.C. L. Rev. 823 (2023), Arizona Legal Studies Discussion Paper No. 24-02, Available at SSRN: https://ssrn.com/abstract=4583580

Keith Swisher (Contact Author)

University of Arizona - James E. Rogers College of Law ( email )

P.O. Box 210176
Tucson, AZ 85721-0176
United States

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