Tagged: #legalethics #ethics
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
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
By Charles Berwanger
Peter, Paul, and Mary had it right when they sang the soulful song: Where Have All the Flowers Gone – mankind simply does not learn from history. Read More
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
By Katie Parker
Associate Clinical Professor, USD School of Law Read More
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
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
By Katie Parker
Associate Professor, USD School of Law Read More
By Michael L. Crowley
Attorneys are confronted everyday with ethical dilemmas. Some we recognize, some we don’t. But the ones we recognize must be addressed and a good way to deal with it is to call the San Diego County Bar Associations (SDCBA) Ethics Hot Line. Read More
By Katie Parker
Associate Professor, USD School of Law Read More
