Exploring the Evolving Guardrails for Using Generative AI in the Practice of Law

Over the last 12 months, we've seen numerous examples of how not to use generative AI tools, from legal pleadings rife with caselaw cites originating from ChatGPT's "hallucinations" to trade secret protection that was lost when engineers submitted proprietary source code so that  ChatGPT could "fix" an issue in the code. As lawyers with ethical obligations to maintain client confidence and adhere to competency in our areas of practice, we need guardrails to help us understand how generative AI works, where our "input" goes once submitted, and the risks to ourselves and our clients. 

This course will describe the positive ways in which attorneys can safely use AI tools, in addition to highlighting the ethical and professional risks when using them. We will also discuss the recent agreement by major AI tech companies to voluntarily address these concerns as well as the legislative moves in Washington and the state house to regulate AI.

1. Review how generative AI works 

2. Identify the risks and ethical concerns in using "open" generative AI tools

3. Discuss the safeguards that an AI tool must have prior to submitting content to maintain ethical and professional obligations

4. List some of the recent AI tools offered specifically to the legal profession that offers ethical, security, and privacy protections

5. Update the recent moves by tech companies to implement various guardrails on a voluntary basis