Applicable Rules
California Rules of Professional Conduct establish the framework for attorney conduct, including technology use. Several rules have particular relevance to AI tools.
Rule 1.1: Competence
Attorneys must provide competent representation, which includes understanding the tools used in client matters. For AI tools, this means:
Competence doesn't require understanding AI at a technical level, but it does require understanding the tool's function in your workflow.
Rule 1.4: Communication
Clients are entitled to information about how their matters are handled. AI use may be a topic for client communication, particularly for:
The scope of required disclosure varies by circumstance and client expectations.
Rule 1.6: Confidentiality
Client information must remain confidential. AI tools that process client data raise considerations about:
Vendor agreements and privacy policies should be reviewed for AI tools handling client information.
Rule 5.3: Supervision
Attorneys are responsible for work performed by those they supervise. When AI generates work product, the supervising attorney remains responsible for its accuracy and appropriateness.
This suggests:
California State Bar Guidance
The State Bar of California has issued guidance on technology competence and ethics. Relevant resources include:
Practical Considerations
Attorneys using AI tools should consider:
Documentation. Recording what AI tools were used and how outputs were verified.
Training. Ensuring sufficient understanding of tool capabilities and limitations.
Vendor Review. Evaluating AI vendors for security, privacy, and reliability.
Ongoing Monitoring. Staying current with ethics guidance as AI capabilities evolve.
Glass Box Approach
Glass Box tools are designed with professional responsibility requirements in mind. Traceability, documentation, and human oversight capabilities support ethical AI use in legal practice.