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AI & Law: The ABA Has This To Say About Lawyers Needing To Know About AI In The Law

by Dr. Lance B. Eliot
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Abstract: Most lawyers are aware that AI is an increasingly notable facet of society and our all-told daily lives. It is safe to suggest that few lawyers are particularly versed in how AI especially impacts the law and the practice of law. Probably even fewer lawyers are aware that the ABA has made pronouncements related to AI and the need for lawyers to become informed about AI as part of their duty of competence. We cover this herein.
Key briefing points about this article:
- AI has become an everyday topic of discussion and is pervasive in our daily lives
- The field of law and the practice of law is increasingly having AI-infused too
- It would seem that not many lawyers are yet up-to-speed about AI in the law
- Few realize too that the ABA proclaimed (kind of) a duty of competence related to AI
- Here is a look at what the ABA says about AI and what lawyers ought to be doing
Section 1: Introduction
What comes to your mind when I mention AI?
It seems that you would ostensibly have to be living in a cave to not be aware that AI is a hot topic these days and that our everyday access to and dependence upon high-tech is becoming increasingly infused with AI. In some instances, this AI augmentation is welcomed, while in other cases the AI has opened Pandora’s box of concerns over computer-based laden biases and inequities.
I would dare assert that most lawyers have heard about AI, along with potentially being subjected to AI-running programs that have impacted their personal lives. For example, perhaps a lawyer seeking a home loan perchance ran afoul of an AI-based mortgage lending app that opted to turn them down for their desired loan. Or maybe a lawyer has used an AI-powered app to help do their annual taxes and tax filings.