Practice Law With AI (Without Losing Your Law License)

In May 2023, a federal judge in New York discovered six fake cases cited in a plaintiff’s attorney’s brief. The lawyer’s response? He used ChatGPT and was “unaware of the possibility that its contents could be false.” The subsequent sanctions hearing spurred much conversation in the legal community. Should lawyers steer clear of AI tools like ChatGPT? Or would prohibiting the use of AI altogether be a disservice to lawyers and their clients? So long as lawyers understand the limitations of the technology and their responsibilities under the rules of professional conduct, AI tools have the potential to greatly benefit their practice.

Agenda:

  • When AI Is Wrong: Mata v. Avianca, Inc.
    • A review of Mata v. Avianca, Inc., where a New York attorney was sanctioned for submitting a brief written with ChatGPT that cited fake cases, quotes, and citations
    • How judges and courts are responding to the use of AI by lawyers

  • What Is AI?
    • AI is a tool used to imitate intelligent human behavior
    • Tools like generative AI are not programmed, they are trained
    • How does an AI tool like ChatGPT work?
    • The advantages and disadvantages of AI

  • Using AI in Your Practice
    • Communications
    • Research
    • Contracts
    • Pleadings
    • Discovery
    • Trial
    • Marketing

  • The Ethics of Using AI in Your Practice
    • ABA Model Rule 1.1 (Comment 8)
    • ABA Model Rule 5.3
    • ABA Formal Opinion 506
    • ABA Model Rule 3.3
    • ABA Model Rule 1.6
    • Other potential issues, including data breaches, copyright, etc.

  • Questions & Answers
Topics covered include: Legal Tech
Duration of this webinar: 60 minutes
Originally broadcast: July 31, 2023 12:00 PM PT
Continuing Legal Education (CLE) Credits

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California CLE

Status: Approved

Credits: 1.0 General

Earn Credit Until: July 30, 2025

South Carolina CLE

Status: Approved

Credits: 1.0 General

Difficulty: All Levels

Earn Credit Until: December 31, 2024

North Carolina CLE

Status: Approved

Credits: 1.0 Ethics

Earn Credit Until: February 28, 2025

Texas CLE

Status: Approved

Credits: 1.0 Legal Ethics/Professional Responsibility

Earn Credit Until: January 31, 2025


This presentation is approved for one hour of General CLE credit in California, one hour of General CLE credit in South Carolina (all levels), and one hour of Ethics CLE credit in North Carolina. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.0 credit hours, of which 1.0 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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Speakers
Kara Simon
Kara Simon Editorial Team Member at Justia
Kara Simon is a lawyer and a member of the Justia Editorial Team. In this role, she blends her knowledge of the law with her skill in crafting engaging and approachable content. She earned her B.A. in writing from John Carroll University and her J.D. from Loyola University Chicago School of Law, where she served as the Technical Production Editor of the Annals of Health Law and Life Sciences and a Health Justice Project Fellow. Before joining Justia, Kara worked as a litigation attorney in Chicago.
Marina J. Wilson
Marina J. Wilson Associate Attorney
DeShazo Adams, LLC
Marina J. Wilson’s practice includes employment, education, and other civil matters. She received her bachelor’s degree from the University of Georgia and earned her J.D. cum laude from the Louisiana State University Law Center. While at LSU Law, Marina received the 2nd Place Best Oralist award in the Dean’s Cup Competition, was a Semifinalist at the National Energy & Sustainability Moot Court Competition, and earned recognition for her academic performance. Prior to returning to practice, Marina worked on free law projects and legal marketing solutions at Justia.
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