AI ETHICS Hallucination: AI-generated content that appears plausible but is factually incorrect, fabricated, or nonexistent, including fictitious case citations, invented quotations, or false legal propositions.
Confidential Client Information: All information relating to the representation of a client, regardless of source, including but not limited to personally identifiable information, case facts, legal strategy, privileged communications, and work product.
Open AI System: Consumer-facing AI tools that may retain user inputs, use data for model training, or lack enterprise-grade security protections.
Enterprise-Secure AI Tool: AI tools that provide contractual guarantees regarding data handling, do not use inputs for training, and meet organizational security requirements.
IV. ETHICAL FRAMEWORK
The use of AI in criminal defense practice implicates several fundamental ethical obligations. This Policy is designed to ensure compliance with applicable Rules of Professional Conduct, including: A. Competence (Model Rule 1.1) Attorneys must provide competent representation, which requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation. Comment [8] to Model Rule 1.1 provides that lawyers should keep abreast of the benefits and risks associated with relevant technology. Personnel using AI tools must:
{ Understand the capabilities and limitations of any AI tool used;
Recognize that AI tools are prone to hallucinations and errors;
{
Exercise independent professional judgment in evaluating AI-generated output; and Ensure that reliance on AI does not diminish the quality of representation.
{
{
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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