AI ETHICS Finally, this white paper acknowledges the realities of technology and the law: The technology is rapidly evolving, and the guidance will likely change, too. With that in mind, this white paper recommends that defenders adopt formal, written AI policies, secure feasible AI tools, implement staff training protocols, and establish flexible yet clear guidelines for permissible and prohibited uses. Flexible guidelines are essential because the goal of any model AI Use Policy is to provide a consistent analytical framework to evaluate and guide use of tools in a dynamic environment. A model AI Use Policy is provided in Appendix A. It is meant to serve as a model only, and practitioners and firms are expected to tailor its provisions in ways that best reflect the workload and culture of each individual attorney or office. The paper also highlights the environmental footprint of AI and recommends strategies for minimizing energy consumption when selecting and deploying AI tools. Defenders must ultimately balance innovation with responsibility, ensuring that generative AI enhances zealous advocacy and competent representation without sacrificing ethical obligations.
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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