AI ETHICS
B.
Confidentiality (Model Rule 1.6)
Attorneys must protect confidential client information. Using AI tools may implicate confidentiality obligations because:
Many AI platforms retain user inputs for training or quality improvement purposes; Information entered into AI tools may be accessible to third parties;
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{ Disclosure of privileged information to third-party AI providers may waive attorney-client privilege; and { Criminal defense matters often involve highly sensitive information requiring heightened protection.
C.
Communication (Model Rule 1.4)
Attorneys must reasonably consult with clients about the means by which their objectives are to be accomplished. Depending on the circumstances, this may require informing clients about the use of AI tools in their representation. D. Supervision (Model Rules 5.1 and 5.3) Supervisory attorneys must ensure that subordinate attorneys and nonlawyer staff comply with professional obligations when using AI tools. Supervisors should establish clear policies, provide training, and implement appropriate oversight mechanisms. E. Candor to the Tribunal (Model Rule 3.3) Attorneys must not knowingly make false statements of fact or law to a tribunal. This obligation requires careful verification of all AI-generated content before submission to any court.
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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