AI-Ready Attorneys: Ethical Obligations and Privacy Considerations in the Age of Artificial Intelligence

Abstract

The age of artificial intelligence has arrived rapidly reshaping the practice of law and the way attorneys research and write. The AI-ready attorney must arrive, too. AI-ready attorneys must be armed with the ability to harness AI's remarkably efficient and effective powers of prediction, data analysis, and content generation. But with great AI power comes great responsibility. AI readiness also requires attorneys to wield the power of AI responsibly with ethics and privacy in mind.

This article is the first to extensively examine both the ethical obligations attorneys face and the privacy considerations they should keep in mind when using AI-assisted legal research and writing tools. The ethical obligations' discussion focuses on the three C's: competence, communications, and confidentiality. The privacy considerations' discussion explores the interplay between attorneys' use of AI-assisted tools and data privacy protection frameworks at the state, federal, and international levels.