Justia Connect Webinars AI and Lawyer Ethics: Navigating Technology, Responsibility, and Risk

CLE

Ashley Hallene Demeter Land Development

Jeffrey Allen Graves & Allen

AI and Lawyer Ethics Navigating Technology, Responsibility, and Risk

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Overview AI Webinar Summary

AI and Lawyer Ethics: Navigating Technology, Responsibility, and Risk

No longer a future consideration for lawyers, artificial intelligence (AI) has begun reshaping the creation, delivery, and evaluation of information, as well as how attorneys fulfill their professional responsibilities. From generative AI tools used for drafting and research to AI-assisted decision-making and client communications, lawyers increasingly encounter ethical questions beyond the scope of existing rules. While AI tools offer tremendous opportunities for efficiency and innovation, they also introduce new ethical challenges, professional risks, and regulatory considerations that every attorney must understand.

This practical and engaging course explores how law firms use AI and examines the ethical duties that apply when lawyers adopt these powerful technologies. Drawing on existing professional responsibility rules, emerging guidance from organizations such as the American Bar Association, and real-world examples, the program provides clear, actionable insights for responsible AI use.

The program addresses real-world risks associated with AI, including confidentiality breaches, inaccurate or fabricated outputs, over-reliance on automated tools, bias embedded in AI systems, and the erosion of professional judgment. The program pays special attention to responsible AI use, including human oversight, verification of AI-generated content, client disclosures, and risk-management strategies that lawyers can implement immediately.

The class also looks ahead, helping attorneys understand how emerging regulations, court expectations, and evolving professional standards will likely impact AI use in the coming years.

Key Topics Covered:

AI in Legal Practice: Explore how law firms use generative and agentic AI tools, from contract drafting and legal research to client communications and case management. Understand the differences between reactive AI (like ChatGPT) and autonomous agentic AI, and why these distinctions matter for legal professionals.

Ethical Duties and Professional Responsibility: Learn how the ABA Model Rules and state bar guidelines apply to AI use, including duties of competence, confidentiality, supervision, candor, and reasonable fees. Discover how to maintain compliance and client trust in an AI-enabled practice.

Risks and Best Practices: Identify the risks of AI “hallucinations,” data privacy breaches, and overreliance on technology. Gain practical strategies for verifying AI outputs, safeguarding client information, and ensuring human oversight at every step.

Responsible AI Use: Review sample law firm policies, regulatory frameworks, and practical checklists for responsible AI adoption. Discuss how to choose secure, legal-specific AI tools and implement firm-wide protocols for transparency and risk management.

AI and Ethics Rules: Examine recent ethics opinions, including the ABA’s first formal guidance on generative AI, and survey state bar positions on AI in legal practice. Understand when disclosure or client consent is required, and how to supervise staff and vendors using AI.

Emerging Issues and Future Trends: Delve into evolving topics such as bias and fairness in AI, regulatory developments, AI in the courtroom, and the impact of AI on access to justice and professional identity.

Cybersecurity and Data Protection: Ethical obligations for protecting client data.

AI Governance and Policy: How law firms and legal departments can develop internal policies for AI use, risk management, and compliance.

Interdisciplinary Collaboration: Working with technologists, data scientists, and ethicists to oversee and audit AI systems throughout their lifecycle.

The course also addresses practical questions, such as:

Can lawyers rely on AI-generated legal research or drafting?
When should you disclose AI use to clients?
How should attorneys verify AI outputs?
What steps should firms take to protect sensitive client data?

This course welcomes attorneys at every career stage, as well as law students and legal operations professionals curious about how technology has reshaped the legal field. If you have just started to explore AI or already have experience with these tools, you’ll find practical advice, real-world examples, and guidance you can apply immediately to your own practice. We want to help you navigate the ethical challenges of AI with confidence and clarity, so you can serve your clients — and the profession — responsibly.

Learning Objectives:

After completing this program, participants will understand how to:

Apply the duty of technological competence to artificial intelligence tools used in legal practice, consistent with Model Rule 1.1 (Competence) and its comments addressing relevant technology.

Identify and manage confidentiality risks associated with AI systems, including cloud-based and third-party platforms, under Model Rule 1.6 (Confidentiality of Information) and related guidance on reasonable efforts to safeguard client data.

Understand a lawyer’s obligation to supervise AI tools and nonlawyer assistance, including vendors and automated systems, consistent with Model Rules 5.1 and 5.3 (Responsibilities of Supervisory Lawyers and Responsibilities Regarding Nonlawyer Assistance).

Evaluate the accuracy and reliability of AI-generated outputs to avoid misleading clients, courts, or third parties, consistent with Model Rules 1.4 (Communication), 3.3 (Candor Toward the Tribunal), and 4.1 (Truthfulness in Statements to Others).

Recognize ethical risks created by bias, hallucinations, and overreliance on AI, and apply professional judgment to ensure independent legal analysis as required by Model Rule 2.1 (Advisor).

Assess when to disclose AI use, including communications with clients and courts, under Model Rules 1.4 (Communication) and 3.3 (Candor).

Develop best practices for responsible AI adoption, including policies, training, and human oversight, to maintain compliance with Model Rule 1.1 (Competence) and Model Rule 5.1 (Firm Responsibilities).

Anticipate evolving ethical guidance and regulatory developments related to AI, including opinions and resolutions issued by the American Bar Association, state bars, and courts.

Duration of this webinar: 60 minutes

Originally broadcast: April 8, 2026 12:00 PM PT

Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

00:00 Introduction

The speakers, Ashley Hallene and Jeffrey Allen, discuss the nature of artificial intelligence, clarifying that it predicts patterns in data but lacks human-like thinking, consciousness, or moral judgment. AI is described as a double-edged sword, offering assistance but also posing risks if not used carefully, as illustrated by examples of AI hallucinations in legal contexts.

05:58 Understanding AI and Its Evolution

AI has evolved from traditional forms to more accessible versions like ChatGPT, democratizing its use but also increasing risks as criminals exploit its capabilities. The transition from generative AI to agentic AI is significant, since agentic AI can plan, decide, and act autonomously, raising concerns about its potential to act against human intentions. The speakers stress the importance of human oversight in using AI, particularly in legal contexts, to prevent ethical violations and ensure accuracy. AI can assist in various legal tasks such as drafting, summarizing, and analyzing documents, but its outputs must be verified to avoid errors and ethical breaches.

17:29 Risks and Ethical Considerations

The speakers emphasize the importance of choosing the right AI tools to protect client confidentiality and avoid ethical violations. Prompting AI safely and effectively is crucial, with recommendations to use neutral placeholders and templates to maintain anonymity and consistency. AI's limitations in judgment, nuance, and factual grounding require lawyers to verify its outputs, especially in legal contexts where accuracy is paramount. The transition to agentic AI introduces new risks, since it can act autonomously, increasing the stakes for ethical violations and malpractice exposure.

36:54 Client Communication and AI Policies

The speakers address the need for clear communication with clients about the use of AI, including obtaining written consent and disclosing potential risks. They provide a checklist for responsible AI use, emphasizing the importance of using approved tools, verifying outputs, and maintaining supervisory control. Existing ethical rules still apply to AI use, requiring lawyers to understand the technology and its risks to practice competently. Confidentiality and supervision are critical, with lawyers needing to ensure that AI tools do not compromise client information or ethical obligations. The speakers stress the importance of transparency in billing and the need for governance in AI use, including clear policies and training for staff.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speakers

Ashley Hallene Land Acquisition Specialist
Demeter Land Development

Ashley Hallene is a Land Acquisition Specialist with Demeter Land Development, a Michigan-based company focused on securing land for renewable energy projects, particularly community solar and battery storage developments. Read More ›

Jeffrey Allen Principal
Graves & Allen

Jeffrey Allen is a principal in the law firm of Graves & Allen, with a general civil practice that, since 1973, has emphasized negotiation, structuring, and documentation of real estate, loans, and other business transactions; receiverships; civil litigation; and bankruptcy. He also does extensive work as an arbitrator and a mediator. He has maintained a Martindale Hubbell Av Rating for over 30 years and has been a Northern California Super Lawyer for over 10 years. Read More ›

Continuing Legal Education (CLE) Credits

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Alabama CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: April 7, 2031

California CLE

Status: Approved

Credits: 1.00 Technology in the Practice of Law

Earn Credit Until: June 30, 2026

Delaware CLE

Status: Approved

Credits: 1.00 Enhanced Ethics

Earn Credit Until: December 31, 2026

Hawaii CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: April 7, 2028

Illinois CLE

Status: Approved

Credits: 1.00 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention

Earn Credit Until: April 7, 2028

Nebraska CLE

Status: Approved

Credits: 1.00 Professional Responsibility

Earn Credit Until: April 8, 2028

New Jersey CLE

Status: Approved

Credits: 1.20 Ethics/Professionalism

Earn Credit Until: April 7, 2027

North Carolina CLE

Status: Approved

Credits: 1.00 Technology Training

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Credits: 1.00 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Credits: 1.00 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: April 7, 2028

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2026

Texas CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Earn Credit Until: March 31, 2027

Utah CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: December 31, 2026

Vermont CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: April 8, 2031

West Virginia CLE

Status: Approved

Credits: 1.20 Legal Ethics, etc.

Earn Credit Until: December 31, 2029

This presentation is approved for one hour of Ethics CLE credit in Alabama, one hour of Ethics CLE credit in Alaska, one hour of Technology in the Practice of Law CLE credit in California, one hour of Enhanced Ethics CLE credit in Delaware, one hour of Ethics CLE credit in Hawaii, one hour of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one hour of Professional Responsibility CLE credit in Nebraska, one hour of Technology Training CLE credit in North Carolina, one hour of Attorney Professional Conduct CLE credit in Ohio, one hour of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels), one hour of Ethics CLE credit in Utah, one hour of Ethics CLE credit in Vermont, and one hour of Legal Ethics, etc. CLE credit in West Virginia. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.20 hours of total CLE credit. Of these, 1.20 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.00 credit hours, of which 1.00 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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