The Oklahoma Bar Journal December 2024

accurate to avoid mislead ing clients or the court. 5) Client Communication: If AI is used in ways that affect client representation, attorneys should inform clients and, if necessary, obtain their consent. To avoid ethical violations, attorneys should use generative AI thoughtfully, ensuring compli ance with all applicable rules and standards. Authors: According to the American Bar Association, “To ensure clients are protected, lawyers using generative artificial intelli gence tools must fully consider their applicable ethical obligations, includ ing their duties to provide competent legal representation, to protect client information, to communicate with clients, to supervise their employees and agents, to advance only meri torious claims and contentions, to ensure candor toward the tribunal, and to charge reasonable fees.” 12 An additional consideration is that clients will increasingly need guidance on their own use of AI, which makes it important that

attorneys are up to speed on the advantages and risks of using this technology, as well as any new laws or regulations concerning the use of AI in different industries. Q: What different types of legal tasks would be appropriate for the use of generative AI tools? ChatGPT: Generative AI tools can assist with a range of legal tasks, including:

Q: Can an attorney’s use of generative AI violate the Rules of Professional Conduct? ChatGPT: Yes, using genera tive AI can potentially violate the Rules of Professional Conduct if not done carefully. Here are some key considerations: 1) Competence: Lawyers must understand the technology they use, including its lim itations. Inadequate knowl edge can lead to ineffective representation. 2) Confidentiality: Attorneys must protect client informa tion. Using generative AI could risk exposing sensi tive data, especially if the AI processes it in ways that are not secure. 3) Diligence: Relying on AI

1) Document Drafting:

Contracts, agreements, legal notices, and pleadings.

2) Legal Research:

Summarizing case law, stat utes, and generating legal opinions. Identifying clauses, risks, and comparing contracts. 4) Legal Writing: Drafting briefs, memos, and summa rizing depositions. 5) Compliance & Due Diligence: 3) Contract Review:

without appropriate over sight could result in delays or errors, violating the duty to act diligently. information may not always be reliable. Lawyers must verify and ensure that the information presented is

4) Accuracy: AI-generated

Creating regulatory doc uments and due diligence reports.

6) Litigation Preparation: Summarizing discovery

Statements or opinions expressed in the Oklahoma Bar Journal are those of the authors and do not necessarily reflect those of the Oklahoma Bar Association, its officers, Board of Governors, Board of Editors or staff.

10 | DECEMBER 2024

THE OKLAHOMA BAR JOURNAL