AI ETHICS prompting — providing the AI with relevant background information upfront rather than through extended back-and-forth — similarly reduces query volume. A single well- constructed prompt often outperforms multiple exchanges that gradually clarify the task. Some prompt generators like Prompt Cowboy 75 can help generate efficient prompts. Moreover, efficient prompting is an indication that the defender has developed and maintained the human- legal skills to inform the prompt. Finally, defenders should avoid unnecessary AI use. When a task can be accomplished efficiently without AI, choosing the non-AI approach eliminates the associated environmental cost. AI is a tool, and deploying it only where it genuinely helps conserves resources while maintaining effectiveness. B. AI Use Policies
Individual judgment cannot substitute for systematic policy. Defenders should adopt written AI use policies that establish clear expectations, promote consistent practices, and provide a framework for training and accountability.
1.
Policy Purpose and Scope
An effective AI use policy begins by stating its purpose and ensuring that AI use supports ethical, zealous advocacy while safeguarding client information. The policy should apply to all personnel who might use AI in connection with the office’s work, including attorneys, paralegals, administrative staff, and contractors. It should cover all AI tools, not only large language models but also image generators, transcription services, analytics platforms, and any other AI-powered, legal applications (e.g., CoCounsel or Lexis+ AI).
The policy should acknowledge that it will require updating as technology evolves. Establishing a review schedule (annually at minimum, with interim reviews when significant technological or regulatory changes occur) ensures the policy remains current.
2.
Governance
Assigning clear roles and responsibilities promotes accountability. Offices should designate an individual, task force, or committee responsible for AI policy development, implementation, and oversight. In larger organizations, this might be a formal governance committee with diverse membership, and in smaller offices, a single attorney might assume the role. 76 Governance responsibilities include evaluating and approving AI tools for office use, developing and updating policies and procedures, overseeing training
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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