The increasing adoption of Artificial Intelligence (AI) by lawyers is reshaping the practice of law in unprecedented ways. These changes are prompting an important dialogue among attorneys, judges, and others in the legal field about the appropriate use and regulation of AI, and the need to balance its transformative potential with the importance of accuracy, protecting client confidentiality, and ensuring the integrity of the practice of law. Understanding how AI is being used and regulated is critical for anyone in the legal field.

Advantages of the Use of AI in the Law

Lawyers are using AI in new and innovative ways. It is increasingly being used in document review, legal research, and risk assessment. AI can also be used to assist with litigation strategy, quickly review and summarize a judge’s prior rulings, and help lawyers locate essential evidence within thousands of pages of documents.

Lawyers are increasingly turning to AI to automate routine tasks, making them faster, more accurate, and more cost-effective. Common applications of AI include:

• Legal research. AI can scan thousands of cases in seconds to identify relevant precedents, allowing for quicker and more accurate decision-making.
• Improved accuracy. AI systems minimize errors and improve accuracy by automating routine tasks.
• Cost-effective legal services. AI applications can reduce administrative work, allowing lawyers to focus on strategy and deliver higher-quality legal services.
• Legal Analytics. AI can assist attorneys to review trends within a case, predict judges’ actions, and strategically plan litigation.[7] Legal analytical tools powered by AI can also scan past judgments, the actions of judges, and jurisdictional bias to make strategic suggestions.[8] Predictive tools such as Gavelytics have already been used to predict judges’ rulings based on past records.

However, the use of AI in the legal field, and particularly in the courtroom, is not without controversy.

Legal Ethics and Confidentiality

Despite the potential advantages of AI, its use raises important ethical and confidentiality concerns for lawyers and others in the legal field.

Authentication of Evidence

AI has also impacted the criminal justice system. According to the National Institute of Justice, law enforcement and prosecutors are utilizing AI and other machine-learning tool outputs as evidence in their cases. AI is used to identify faces, weapons, license plates, and objects at crime scenes. It is also being used in the criminal justice system to identify suspicious behavior, enhance DNA analysis, determine how likely a defendant is to skip bail, forecast crime rates, and process evidence.

Accuracy and Reliability

AI applications have been shown to deliver inaccurate or deceptive results. While AI systems perform well for straightforward legal questions, they cannot handle complicated legal reasoning. Legal professionals who use AI must scrupulously check the output to ensure the results are accurate.

Client Confidentiality

AI platforms are trained using vast amounts of data. Lawyers who use AI must ensure they protect client confidentiality and should avoid entering confidential information into AI platforms that are publicly accessible.

Data Security

Legal professionals deal with sensitive client information, and sharing that with third-party software, such as an AI tool, can put the data at risk and even breach privacy laws. Ensure that any software provider with which you trust your clients’ data has been appropriately vetted and has robust security measures and practices in place.

Legal Ethics and Regulation

State bar associations and the American Bar Association have implemented guidelines for the acceptable use of AI in the legal profession. They are intended to promote accountability, transparency, and informed client consent.

Bar Association Opinions on the Use of AI in the Law

In 2024, the Pennsylvania Bar Association and Philadelphia Bar Association jointly issued Formal Opinion 2024-200, “Ethical Issues Regarding the Use of Artificial Intelligence.” The opinion emphasizes a lawyer’s duty to remain up to date on evolving technology, including AI. It stresses that lawyers must exercise caution when using AI, as it can generate “hallucinations,” introduce bias, and violate client confidentiality. Lawyers must verify the accuracy of all AI-generated content, be transparent with clients about their use of AI, and stay up to date on evolving ethical standards regarding the use of AI in the law.

The New York State Bar Association issued its “Report and Recommendations of the New York State Bar Association Task Force on Artificial Intelligence” in 2024, which highlights the need for comprehensive guidelines on the use of AI in the law. The Report emphasized the importance of adhering to ethical standards, maintaining client confidentiality, being transparent about the use of AI, and ensuring appropriate supervision when using AI technologies. It notes that AI can be used to improve efficiency, affordability, and access to justice, particularly for underserved populations. However, it cites the limitations of AI and expresses concerns about relying on it for accurate legal advice.

Five Principles for the Ethical Use of AI in the Law

In “Ethical Uses of Generative AI in the Practice of Law,“ Ryan Groff, a distinguished member of the Massachusetts Bar and a lecturer at New England Law, addressed the ethical implications of using generative AI in legal practices. He asserted five core principles for the use of AI in the law:

1. AI should function as a legal assistant, not a substitute. It can be used to enhance a lawyer’s capabilities, but it cannot replace professional judgment.
2. Lawyers bear the ultimate responsibility for verifying all AI outputs before relying on them professionally.
3. The unsupervised use of AI may constitute the unauthorized practice of law.
4. Lawyers who use AI must understand its capabilities and limitations.
5. Lawyers must protect client confidentiality when using third-party AI systems.

The Future Use of AI in Law

Artificial Intelligence has the potential to transform the practice of law, and its use will continue to evolve. Staying ahead of these changes and ensuring continued adherence to ethical standards requires diligence and ongoing discussions about the use of AI in the law, how professional standards will continue to evolve, and appropriate levels of human supervision. While AI can empower lawyers and others in the legal field, practitioners must carefully monitor their use to ensure continued compliance with the highest ethical standards.

Hope Lefeber is a federal criminal defense attorney with over three decades of experience. She has been consistently honored as a Pennsylvania Super Lawyer, as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, and as one of the Top 10 Criminal Defense Attorneys in Pennsylvania by the National Academy of Criminal Defense Attorneys. Ms. Lefeber has represented high-profile clients, published numerous articles, lectured on federal criminal law issues, and appeared on TV News as a legal expert. She represents clients in Philadelphia and its surrounding counties, New York and in federal courts nationwide.