The Model Rules of Autonomous Conduct: Ethical Responsibilities of Lawyers and Artificial Intelligence

Practitioners use artificial-intelligence (AI) tools in fields as varied as finance, medicine, human resources, marketing, sports, and many others. Now, for the first time, lawyers are beginning to use similar tools in the delivery of legal services. Where once lawyers may have only used AI for electronic discovery (eDiscovery), today they are using AI for legal research, drafting, contract management, and litigation strategy. The use of AI to deliver legal services is not without its detractors, and some have suggested that the use of AI may take the jobs of lawyers—or worse, make lawyers obsolete. Others suggest that using AI tools may violate the ethical responsibilities of lawyers or constitute the unauthorized practice of law (UPL). Although the ethical responsibilities of lawyers differ from state to state, most state codes are based on the American Bar Association’s Model Rules of Professional Conduct (the Model Rules) and their interpretive comments. This article reviews the responsibilities of lawyers who employ AI tools under the Model Rules and previews how the Model Rules might apply to AI software not yet developed but just on the horizon