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Using AI ethically in your practice is crucial. In this video, attorney and TRAIL member Joshua Weaver delves into what lawyers need to consider when it comes to using AI, from client confidentiality to transparency.
Keep Rule 1.1 Comment 8 from the American Bar Association's Model Rules of Professional Conduct in mind when using AI. The comment states that "a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology, engage in continuing study and education and comply with all continuing legal education requirements to which the lawyer is subject."
The Texas Center for Legal Ethics has produced Opinion 705, which offers practical guidance on what to consider when using AI tools in your law practice, including:
- Using a paid account
- Getting a letter from the provider that freezes the terms of the data privacy and security
- Keeping a human in the loop to verify and ensure the information the AI produces is correct
- Depending on where you're practicing, being prepared to disclose to your clients and court that you are using AI tools
AI is moving very quickly; it is critically important for you to keep on learning. Just because you understand it now doesn't mean it won't change in the future.
To learn more about what lawyers need to know when implementing artificial intelligence tools in their law firms, take a look at the State Bar of Texas' AI Toolkit.




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