Parity in Practice: The Defender's Duty to Ethically Use AI

AI ETHICS

C.

Client Disclosure

Attorneys should consider whether disclosure of AI use to clients is appropriate or required based on the nature and extent of AI use, the sophistication of the client, client instructions regarding technology, the risks associated with AI use in the particular matter, and applicable ethical rules.

XI. MONITORING AND ENFORCEMENT A. Auditing

The AI Policy Committee shall conduct periodic audits of AI use within [Organization Name] to assess compliance with this Policy. Audits may include:

Review of AI tool usage logs and access records;

{

{ Spot-checks of court filings for proper verification and disclosure;

Surveys of personnel regarding AI use practices;

{

{ Review of vendor compliance with contractual requirements; and

Assessment of training completion records.

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B.

Reporting Requirements

Personnel must promptly notify their supervisor when:

{ AI has been used to assist with high-risk tasks, including but not limited to those requiring the input of confidential, privileged, and/ or personal client information, or the creation or modification of courtroom exhibits.

There is any question about whether a particular AI use complies with this Policy;

{

A potential breach of confidentiality has occurred; or

{

{ An error in AI-generated content has been discovered before or after submission.

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Parity in Practice: The Defender’s Duty to Ethically Use AI

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