I WOOD READ THAT

by Angela Wood
Technology Toolkit – Maintaining Competence

Date

The legal profession struggles with understanding AI due to time constraints and evolving information. The ABA stresses technological competence, with rules requiring updated knowledge.
AI Tech & Law

Why Care About AI?

Information about AI continues to proliferate exponentially. However, many legal professionals still misunderstand AI. One hurdle to many individuals’ understanding is time. It takes time for lawyers and other legal professionals to learn, understand, and gain competence using AI. Many of us already feel pressed for time, whether we are billing in six-minute increments or not. In addition, an overwhelming amount of information is constantly changing, updating, and being corrected, and there are concerns about the ethical implications. It’s understandable why many legal professionals have trepidation with this new tool! Why should you care about AI? Texas and Arizona have adopted the American Bar Association’s comments regarding maintaining technological competency. In 2012, the ABA modified comment No. 8 to their Model Rule 1.1 to explicitly mention the use of technology. Under the heading “Maintaining Competence,” it reads (in relevant part):
[8] To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology… [emphasis added].
Recently, the ABA issued its first opinion on GenAI. My colleague, Joe Brophy, wrote a fantastic article in The Maricopa Lawyer’s September-edition evaluating the opinion’s highlights and applicable rules.
ABA Weighs in with First Opinion on Generative AI
Here is more information regarding the ABA’s Model Rule 1.1 and Comment 8 regarding technology.

For more information on the use of AI in the legal profession, check out these resources:

  1. American Bar Association (ABA):
    • The ABA regularly publishes articles and reports on the impact and use of AI in the legal field
  2. Stanford Law School’s CodeX – The Stanford Center for Legal Informatics:
    • Focuses on how technology, including AI, can improve the legal system
  3. LawGeex:
    • Provides reports and resources on the implementation of AI in contract review and other legal processes
  4. Artificial Lawyer:
    • A blog that covers news and developments in AI and legal technology