1. AI & ETHICAL CONSIDERATIONS
Ben Harrison & John Ballard

2. Rule 5.3 RULE 5.3: RESPONSIBILITIES REGARDING NONLAWYER ASSISTANTS
With respect to a nonlawyer employed or retained by or associated with a lawyer:
(a) a partner, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that the nonlawyer's conduct is compatible with the professional obligations of the lawyer;
(b) a lawyer having direct supervisory authority over a nonlawyer shall make reasonable efforts to ensure that the nonlawyer's conduct is compatible with the professional obligations of the lawyer; and

3. Rule 5.1
RULE 5.1: RESPONSIBILITIES OF PARTNERS, MANAGERS, AND SUPERVISORY LAWYERS
(a) A partner in a law firm, and a lawyer who individually or together with other lawyers possesses comparable managerial authority in a law firm, shall make reasonable efforts to ensure that the firm has in effect measures giving reasonable assurance that all lawyers in the firm conform to the Rules of Professional Conduct.
(b) A lawyer having direct supervisory authority over another lawyer shall make reasonable efforts to ensure that the other lawyer conforms to the Rules of Professional Conduct.

4. Rules 5.5 RULE 5.5: UNAUTHORIZED PRACTICE OF LAW
(a) A lawyer shall not practice law in a jurisdiction in violation of the regulation of the legal profession in that jurisdiction, or assist another in doing so.
(b) A lawyer who is not admitted to practice in this jurisdiction shall not:
(1) except as authorized by these Rules or other law, establish an office or other systematic and continuous presence in this jurisdiction for the practice of law; or
(2) hold out to the public or otherwise represent that the lawyer is admitted to practice law in this jurisdiction.

5. When Will the Rules Come Into Play?
Rule 5.1 and 5.5 should always be considered.
Even when using AI to do or prepare anything, a human attorney must always check and supervise the work done.
Example: Janson v. LegalZoom. Com, Inc., 802 F. Supp. 2d 1053 (W.D. Mo )
LegalZoom sued in class action for the unauthorized practice of law.
“Among the documents LegalZoom prepares or offers to prepare are articles of incorporation, wills, trusts, divorce pleadings, and deeds.  LegalZoom represents that it  prepares the articles of incorporation and ‘customized bylaws and resolutions’ for its business formation customers.The customer is presented with a finished document that is represented to be legally sufficient for the customer’s needs without review or edit and has not been approved by an attorney.”
LegalZoom also sued North Carolina State Bar and settled and agreed to have North Carolina Lawyers to review their documents and have a disclaimer.

6. Rules 1.1 and 1.6 RULE 1.1: COMPETENCE
A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.
RULE 1.6: CONFIDENTIALITY OF INFORMATION
(a) A lawyer shall not reveal information relating to the representation of a client unless….

7. Rules 1.6 Considerations
Rule 1.6: Attorney’s must be aware of current technology that may be violating attorney-client confidentiality
Example: Amazon Echo.
After the wake word is said, the Echo records, transcribes, and stores everything that was said to Amazon servers. This may be risky if a lawyer has an Amazon Echo.

8. Rule 1.1 Considerations Rule 1.1:
At what point does an attorney have the duty to be competent with Artificial Intelligence?
Example: .
Many courts require lawyers to have a valid address.
Does an attorney have an obligation to use AI when it would take a 10 hour task down to a 1 hour task?
Does an attorney have an obligation to use AI when an AI can search and index thousands of pages of discovery and be more accurate and faster than a human?

9. Other Ethical Considerations
Data Privacy
AI systems will also probably generate significant amounts of information. As a result, a buyer of AI-related services should understand how an AI solutions provider protects and uses its data.
Law Enforcement Access to Data
Example: Arkansas Murder Case and Amazon Echo.
Lack of Regulatory Framework & Standards
Intellectual Property Protection
If an AI makes a mistake, who is liable? Attorney? Company? Both?
How can we supervise an AI when we are not privy to the propriety information that makes it work?