Relying on AI in the Practice of Law

What are the ethical and professional considerations for attorneys when the misuse of artificial intelligence leads to cascading lapses in judgment and competence? This lesson, written by Professor Debra Moss Vollweiler, examines these issues through the real events depicted in the public opinion and order of sanction in Mata v. Avianca, Inc.,678 F. Supp. 3d 443 (S.D.N.Y. 2023), a case from the U.S. District Court for the Southern District of New York. The court’s findings detail how two attorneys were sanctioned after improperly relying on ChatGPT for legal research—an error that ultimately revealed deeper concerns about professionalism, candor, diligence, and adherence to procedural rules.

Viewers will learn about the responsibilities of attorneys when using emerging technologies; the limits of permissible reliance on AI tools; duties of competence, verification, and oversight; obligations to the court; the escalation of errors when initial missteps are not promptly addressed; and best practices for ensuring ethical conduct in an era where AI is increasingly integrated into legal practice.

CLE Certificate


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