SanDiegoBlawg

Tagged: #ethicsinbrief

Legal Ethics

Some Practical Guidance for Rule 8.3 of the California Rules of Professional Conduct

By Anne M. Rudolph

Rule of Professional Conduct 8.3, titled “Reporting Professional Misconduct,” went into effect on August 1, 2023, making California the last state to implement a version of this rule.  Referred to by many as the “rat rule” or “snitch rule,” rule 8.3 requires an attorney to report the ethical misconduct of other attorneys related to their honesty, trustworthiness and fitness as an attorney.  The failure to report can result in discipline for an attorney who knew or should have known of the misconduct. Read More

Law Practice / Legal Ethics

Ethics in Brief: The California State Bar’s “Guidelines” For the Ethical Use of AI

The State Bar of California Standing Committee on Professional Responsibility and Conduct

Practice Guidance for the Use of Generative Artificial Intelligence in the Practice of Law

Executive Summary

By Charles Berwanger

Generative AI is a tool that has wide-ranging application for the practice of law and administrative functions of the legal practice for all licensees, regardless of firm size, and all practice areas. Like any technology, generative AI must be used in a manner that conforms to a lawyer’s professional responsibility obligations, including those set forth in the Rules of Professional Conduct and the State Bar Act. A lawyer should understand the risks and benefits of the technology used in connection with providing legal services. How these obligations apply will depend on a host of factors, including the client, the matter, the practice area, the firm size, and the tools themselves, ranging from free and readily available to custom-built, proprietary formats. 

Generative AI use presents unique challenges; it uses large volumes of data, there are many competing AI models and products, and, even for those who create generative AI products, there is a lack of clarity as to how it works. In addition, generative AI poses the risk of encouraging greater reliance and trust on its outputs because of its purpose to generate responses and its ability to do so in a manner that projects confidence and effectively emulates human responses. A lawyer should consider these and other risks before using generative AI in providing legal services. 

The following Practical Guidance is based on current professional responsibility obligations for lawyers and demonstrates how to behave consistently with such obligations. While this guidance is intended to address issues and concerns with the use of generative AI and products that use generative AI as a component of a larger product, it may apply to other technologies, including more established applications of AI. This Practical Guidance should be read as guiding principles rather than as “best practices.” Read More

Legal Ethics

Ethics In Brief: Does The Attorney-Client Privilege Survive After the Death of a Client?

by: Anne Rudolph

Pursuant to Business and Professions Code section 6068, subdivision (e), an attorney must maintain inviolate a client’s confidences.  The only exception is that an attorney may, but is not required to, reveal confidential information to the extent that the attorney reasonably believes the disclosure is necessary to prevent a criminal act that the attorney reasonably believes is likely to result in death of, or substantial bodily harm to, an individual.  Read More

Law Practice

Ethics in Brief: Ethical Considerations When Using Artificial Intelligence to Perform Discovery

By Alara T. Chilton
This article discusses key ethical considerations for lawyers when using artificial intelligence (AI)[i], particularly generative AI[ii] tools, to respond to discovery.  Consider the following conversation between two friends who are solo-practitioners: Miguel, a consumer rights attorney incorporating AI[iii] into his practice, and Maria, a business litigation attorney who has been researching a lawyer’s ethical obligations under the Rules of Professional Conduct and the State Bar Act when using AI.  Read More

Legal Ethics

Ethics in Brief — More Than the Minimum: Raising the Bar from Compliance to Best Practices

By Valerie Silverman Massey

The California Rules of Professional Conduct (Rules) serve as the ethical backbone of legal practice. These Rules establish the minimum standards required to avoid disciplinary action, but they are not synonymous with best practice. The distinction between compliance and excellence is subtle yet critical — especially in a profession where reputation, trust, and client outcomes hinge on more than just rule-following.  Read More