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Ethical Evolution: Thriving at the Crossroads of Law and Business in the AI Era

Presented by Thomas Shack, consultant, attorney, and former Comptroller of the Commonwealth of Massachusetts from 2015 to 2019, this program aims to teach lawyers the similarities and differences between legal ethics, business ethics, and morality, and where lawyers often fail in business settings when they do not understand these distinctions. Thomas Shack uses his 23 years of experience to illuminate the intersection of ethics and morality for attendees, guiding them through hypotheticals and the ABA Model Rules to improve their understanding of how their professional obligations fit into a larger picture. Attendees will learn the common failings of professionals in business and how they can handle (almost) any ethical dilemma.

Duration of this webinar: 60 minutes

Originally broadcast: December 1, 2023 11:00 AM 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

Tom Shack, the speaker, has extensive experience in business and legal ethics. Tom begins the presentation by discussing the evolving ethical landscape in the context of AI and legal practice. He plans to cover various ABA Model Rules and encourages attendees to consider ethical questions throughout the presentation.

05:13 Legal Ethics in the AI Era

Tom discusses the importance of ABA Model Rule 5.3, which requires attorneys to supervise non-lawyer assistance, including AI tools. He warns of the potential pitfalls of relying on AI for legal tasks, citing cases where AI-generated content was inaccurate. The distinction between morality and ethics is explored, with morality being the foundation and ethics the application within a professional context. Tom emphasizes the need for lawyers to understand the ethical implications of their actions, especially in the rapidly changing AI landscape.

09:59 Morality vs. Ethics

Tom explains ABA Model Rule 1.1, which requires competent representation, and the risks of using incompetent AI systems. He uses a moral dilemma to illustrate the difference between morality and ethics, emphasizing personal character versus professional standards. The discussion extends to life-and-death decisions, highlighting the ethical complexities professionals face. Tom stresses the importance of understanding the ethical and moral dimensions of professional conduct.

20:12 Professionalism and Communication

The concept of professionalism is discussed, highlighting the self-regulated nature of professions like law and medicine. Tom explains ABA Model Rule 1.4, which focuses on communication and keeping clients informed. He discusses the challenges of integrating AI into legal practice while maintaining ethical standards. The importance of clear communication and setting expectations with clients and colleagues is emphasized.

35:16 Business and Legal Ethics

Tom discusses the impact of AI on legal work and the need to adapt billing practices accordingly. He explores the intersection of business and legal ethics, noting the top-down nature of business ethics and the reactive nature of professional ethics. The importance of disclosure and ethical decision-making in business contexts is highlighted. Tom provides an example involving a startup and ethical dilemmas in business negotiations.

44:57 Law vs. Ethics

Tom discusses the distinction between legal ethics and the law, emphasizing that laws reflect societal morality. He warns of situations where legal compliance may conflict with ethical obligations. The broader scope of professional ethics compared to legal requirements is highlighted. Tom advises on the importance of ethical judgment and the potential need to resist certain laws on ethical grounds.

50:23 Confidentiality and Ethical Decision-Making

Tom addresses the importance of confidentiality, especially when using AI systems that handle sensitive information. He warns of the risks associated with uploading client data to AI platforms without proper assurances of confidentiality. The discussion includes the potential consequences of ethical breaches and the importance of adhering to both legal and ethical standards. Tom advises on handling ethical dilemmas by considering consequences and listening to one's conscience. He emphasizes the importance of maintaining a good reputation and the potential impact of unethical decisions.

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.

Speaker

Thomas Shack Founding Partner
The Law Shack, PLLC

Thomas Shack leads a highly specialized appellate group that focuses on business and criminal appeals. Tom's extensive background in state and federal courts and as a former Comptroller of the Commonwealth and a state prosecutor brings a wealth of knowledge and expertise in legal, financial, and business matters. Tom is sought-after for his strategic guidance and deep understanding of business and legal ethics and as an adjunct professor in Business and Ethics at his alma mater, New England Law l Boston. He also holds dual JD and MBA degrees.

Continuing Legal Education (CLE) Credits

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North Carolina CLE

Status: Approved

Credits: 1.00 Ethics

Earn Credit Until: February 28, 2026

South Carolina CLE

Status: Approved

Credits: 1.00 Legal Ethics/Professional Responsibility

Difficulty: All Levels

Earn Credit Until: December 31, 2025

This presentation is approved for one hour of Ethics CLE credit in North Carolina, and one hour of Legal Ethics/Professional Responsibility CLE credit in South Carolina (all levels).

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