AI ETHICS
Using AI to conduct client communications without attorney oversight; and Allowing AI to replace the attorney-client relationship or essential client contact.
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VI. CONFIDENTIALITY AND DATA SECURITY REQUIREMENTS A. Restriction on Open AI Systems The use of open, consumer-facing AI systems for any work involving client information is prohibited. Personnel may not enter confidential client information into tools such as the free versions of ChatGPT, Gemini, or similar platforms that may retain inputs, use data for training, or lack enterprise security guarantees. B. Enterprise-Secure Tools Required
Where AI use involving client information is permitted, personnel must use only enterprise-secure tools that have been approved by [Organization Name]. Approved tools must:
Provide contractual guarantees that user inputs will not be used for model training;
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Offer data encryption in transit and at rest;
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Maintain SOC 2 Type II 80 certification or equivalent;
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Support role-based access controls and audit logging; and
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Comply with applicable data protection regulations.
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C.
Privilege Preservation
Entering privileged communications or attorney work product into non-secured AI platforms may constitute disclosure to a third party and could waive privilege protections. To preserve privilege:
Do not enter verbatim privileged communications into any AI tool without supervisor approval;
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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