AI ETHICS
1.
Ropes & Gray Standing Orders and Local Rules on the Use of AI 55
The interactive map includes 378 standing orders, local rules, or other decisions related to the use of AI in federal and state courts. The default map shows whether the majority of AI-related orders in a given state encompass any AI or only generative AI, and the remaining selections are color-coded to signify different types of orders, local rules, or decisions (e.g., “requires disclosure,” “suggests cautious use of AI,” “prohibits use of AI”).
2.
American Bar Association Formal Opinion 512 56
Formal Opinion 512 describes ethical considerations for lawyers using AI, including duties under the ABA Model Rules of Professional Conduct. It focuses on competence, confidentiality, communication with clients, maintaining candor toward tribunals, supervisory responsibilities, and charging reasonable fees.
3.
American Bar Association Task Force on Law and Artificial Intelligence Year 2 Report on the Impact of AI and the Practice of Law 57
The report examines AI’s transformative impact across the legal profession — including law practice, courts, access to justice, legal education, and governance — while providing practical guidance and ethical frameworks for lawyers and judges to responsibly integrate AI tools into their work. It emphasizes that AI offers significant opportunities to enhance efficiency and expand access to justice, but encourages the profession to maintain human oversight, address risks like hallucinations and deepfakes, and ensure ethical AI use.
4. Bloomberg’s In Focus: Artificial Intelligence (AI) 58 and JUSTIA’s 50-State Survey on AI and Attorney Ethics Rules 59
Both Bloomberg and JUSTIA offer resources for tracking state ethics opinions and judicial orders. Defenders may use these as a quick reference for various state bar association opinions but are encouraged to visit their respective state’s bar association to confirm any opinions or guidance remain current.
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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