On April 6, 2024, the New York State Bar Association (NYSBA) Task Force on Artificial Intelligence released its Report and Recommendations to the NYSBA House of Delegates, in which the Task Force examined the “legal, social, and ethical impact of artificial intelligence (AI) and generative AI on the legal profession.” Through its examination of AI’s impact on the legal profession, the Task Force also made certain recommendations for adoption by NYSBA, including proposed guidelines for the use of AI in a responsible manner.
Understanding that AI Is reshaping industries and offering potential for innovation and growth, this kind of technology is not without challenges that require careful consideration and concerns. Specifically, the Task Force summarized four principal recommendations for adoption by NYSBA:
- Adopt Guidelines: The Task Force recommends that NYSBA adopt the AI/Generative AI guidelines outlined in this report and commission a standing section or committee to oversee periodic updates to those guidelines.
- Focus on Education: The Task Force recommends that NYSBA prioritize education over legislation, focusing on educating judges, lawyers, law students, and regulators to understand the technology so that they can apply existing law to regulate it.
- Identify Risks for New Regulation: Legislatures should identify risks associated with the technology that are not addressed by existing laws, which will likely involve hearings and studies involving experts in AI.
- Examine the Function of the Law in AI Governance: The rapid advancements of AI prompts us to examine the function of the law as a governance tool. Some of the key functions of the law in the AI contract are: (i) expressing social values and reinforcing fundamental principles; (ii) protecting against risks to such values and principles; and (iii) stabilizing society and increasing legal certainty.
In tackling how AI will impact the legal profession, the Task Force spends a significant amount of time exploring the ethical implications of a lawyer’s use of artificial intelligence technology in daily practice. Indeed, the Task Force recommends that attorneys advise their clients that AI could be utilized in their cases by offering a sample engagement letter provision to be included to disclose the potential use of AI and how AI shall not substitute the expertise of counsel.
The Task Force’s Report can be found here.
Disclaimer: The information contained in this post is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls and communications. Contacting us, however, does not create an attorney-client relationship.