In a groundbreaking stride, the California Bar has sanctioned a set of guidelines for lawyers employing generative AI tools – akin to architects harnessing cutting-edge software to draft blueprints. This move comes as other states are poised to follow suit, deliberating over similar regulatory frameworks.
Erika Doherty, the helmsman of the bar’s Office of Professional Competence, illuminated the significance of these guidelines at a recent trustees meeting. These rules are the inaugural ones targeting large language models (LLMs) by a legal regulatory body.
Charting New Territory in Legal Tech
Doherty highlighted a double-edged sword: the guidelines offer immediate direction for attorneys, yet the evolutionary nature of AI demands ongoing updates. These rules call for utmost caution in using generative tools with client data, emphasizing robust confidentiality and security measures.
California Bar Adopts AI Guidelines : Competence and Caution
To uphold professional standards, the bar mandates that lawyers grasp the nuts and bolts of generative AI, including its limitations, prior to its application. A stark warning against over-reliance on AI tools underscores the primacy of human judgment in legal practice.
The Supervisory Role: Guiding Through AI Usage
With a focus on supervisory responsibilities, the guidelines urge leading attorneys to sculpt clear policies around AI usage, ensuring ethical and effective application.
California Bar Adopts AI Guidelines : Billing and AI
A novel aspect of these guidelines is the approach to billing. Lawyers are advised to charge only for the tangible time spent in crafting AI prompts and refining outputs, steering clear of billing for time saved through technology.
A Fee Agreement Reimagined
The guidelines recommend transparent fee agreements, detailing all costs, including those tied to AI usage.
The Ripple Effect: From California to Beyond
Post the advent of OpenAI’s ChatGPT, the legal community has been navigating the uncharted waters of AI regulation. A recent incident in New York, where attorneys were sanctioned for submitting an AI-generated brief with fabricated citations, underscores the urgency of such guidelines.
