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GenAI and the Ethical Lawyer: Same Standards, Different Dilemmas Part I

What Does the Duty of Competence Mean for GenAI?

December 02, 2024

United States
United States
United States
First published in ABA Professional Liability Litigation Committee Newsletter, Fall 2024.

In this article published by the American Bar Association, Eversheds Sutherland Partner Amy Rudolph discusses the ethical implications of using Generative AI (GenAI) in the legal profession. She highlights that state bar associations and the American Bar Association (ABA) are gradually issuing guidance on how ethical rules apply to a lawyer’s use of GenAI. The core ethical responsibilities of lawyers, such as the duties of competence, diligence, confidentiality, candor and fairness, remain unchanged despite the integration of AI tools. Lawyers must understand the capabilities and limitations of the GenAI tools they use and cannot delegate their professional judgment to these tools.

Her article focuses on the duty of competence under ABA Model Rule 1.1, which requires lawyers to provide competent representation by understanding the benefits and risks associated with relevant technology, and how that duty is implicated when a lawyer elects to use GenAI tools.  

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer.

Key contacts

amyrudolph@eversheds-sutherland.com

Amelia Toy Rudolph

Partner

Atlanta, United States

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