AI is changing how lawyers do their work and raising questions about how lawyers can harness artificial intelligence consistent with their professional responsibilities. Georgetown Law Professor Tanina Rostain answers questions about the transformative impact of AI on the legal profession and how the rules of professional conduct apply to the new ways that attorneys use AI to conduct research, draft documents, and interact with clients.
We begin with questions of competence and diligence. AI models, while powerful, are not infallible. Instances of "hallucinations," where AI generates plausible (even convincing) but incorrect information, emphasize the necessity for lawyers to double-check their work. Professor Rostain walks through examples where courts have sanctioned attorneys for submitting arguments based on AI invented cases. Even as AI systems become more powerful, the responsibility remains on attorneys to ensure the reliability and accuracy of the information they use and present. This vigilance is core to attorney ethics and the protection of clients' interests.
AI threatens to take lawyer jobs and disrupt firm structure. While those are economic issues, they also raise ethics questions under Rule 1.5 governing attorney fees. Professor Rostain explains how traditional law firm structures, particularly in big law, rely heavily on billable hours from associates to drive partner compensation. However, as AI takes over increasing amounts of associate work, Rule 1.5 requires that the savings be passed along to clients. Professor Rostain points out that firms will need to adjust their billing practices, disrupting the traditional associate-leveraged model. This shift could lead to a reevaluation of how legal services are priced and delivered, and may even play a role in democratizing access to high-quality legal advice.
AI models show increasing proficiency in providing legal answers and performing legal work, raising ethical questions under Rule 5.5, the unauthorized practice of law (UPL). Professor Rostain discusses what constitutes the “practice of law” when it comes to AI and suggests that the legal profession may eventually need to bend. According to Rostain, the benefits of AI for people who need legal assistance cannot be stifled by financial protectionism with superficial claims of protecting the public. She advocates for a balance where the advantages of AI in improving legal access and efficiency are harnessed without compromising the professional standards and ethical obligations of the profession.
Tanina Rostain is a professor of law at Georgetown Law Center.