AI Ethics for Attorneys
What are my ethical obligations when using AI in my law practice?
Pennsylvania attorneys using AI tools are subject to the same core ethical duties that govern all aspects of practice: competence, confidentiality, supervision, and candor. Using AI does not reduce your professional responsibility — it shifts how you fulfill it. You must understand the tools you use well enough to identify errors, and you must supervise AI output as carefully as you would the work of any associate or staff member. The first job is that any AI tool must protect client confidentiality.
Can I use AI to draft briefs or legal documents?
Yes, but with important caveats. You remain fully responsible for the accuracy and completeness of everything you file. AI tools have been known to generate citations to cases that do not exist — a serious problem that has already resulted in sanctions against attorneys who submitted AI-generated filings without independent verification. Always verify every citation and legal proposition before filing, regardless of the source. Read your Judge’s local rules to see what certification requirements your use of AI may raise.
What confidentiality risks does AI present?
Many AI tools process and store user inputs on external servers. Entering client information, case facts, or privileged communications into a public AI platform risks a disclosure of confidential information in violation of Rule 1.6. Before using any AI tool in your practice, review its data handling and retention policies carefully. Determine whether client data can be excluded from training, storage and consider whether a data processing agreement is appropriate. Also, transmittal of confidential data should be encrypted in storage (at rest) and in-transit (in motion).
Are there formal ethics opinions on AI use for Pennsylvania attorneys?
The Pennsylvania Bar Association and the ABA have both issued guidance on AI and attorney ethics. The ABA Standing Committee on Ethics and Professional Responsibility, on which Ellen Brotman serves as a Special Advisor, continues to develop formal guidance in this rapidly evolving area. Pennsylvania attorneys are advised to monitor developments closely and to consult ethics counsel proactively when uncertainty arises — before a problem develops, not after.