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Ethics rules require proficiency with technology and Artificial Intelligence is a critical component of the current landscape. Without adequate technological skills, lawyers are at a competitive disadvantage in all aspects of practicing law, particularly in the courtroom. And ethics rules are being violated. This panel will analyze how platforms such as ChatGPT function. Strengths and weaknesses will be explored along with how this will transform all aspects of practicing law. The judiciary is likewise encountering challenges regarding how to manage AI. Local Rules are beginning to surface outlining guidelines, and in some instances, sanctions have been imposed. The panel will consider how the many uncharted dynamics associated with AI impacts ethical obligations and creates dilemmas for practitioners, which include:
- How will lawyers adequately supervise the use of AI tools? More specifically, how will they manage and maintain quality control in briefs, motions, pleadings, and juror research?
- How will lawyers deal with the risk of inadvertently obtaining, reviewing or disclosing privileged communications?
- How will users deal with AI â€œHallucinationsâ€ where AI completely fabricates output?
- What are the confidentiality and plagiarism risks?
- Who owns the copyright to AI products?