Generative AI Ethics for Litigators

GenAI is rapidly changing the way litigators practice. In addition to complying with court and judges’ rules, litigators must also ensure compliance with a jurisdiction’s ethical rules when using GenAI or risk sanctions, ethical violations, and other consequences. Even for litigators who are not yet using GenAI, given its proliferation, applicable ethical rules may require them to become familiar with GenAI, its benefits, and its risks as part of their duties to clients.

The American Bar Association (ABA) and several jurisdictions have already issued ethical guidelines and opinions specific to GenAI. Some jurisdictions have also amended ethical rules or rule comments to address GenAI. However, because GenAI is a relatively new technology, ethical guidance is still evolving, and ethical pitfalls continue to emerge as more litigators use GenAI. To avoid violating ethical rules, litigators must understand these potential pitfalls and how their jurisdiction’s ethical rules apply to GenAI before using it for a case.

This article discusses key ethics issues litigators should consider with respect to GenAI and highlights some of the more common ethical pitfalls litigators may face with GenAI when using it for litigation.

(For the complete version of this resource, which includes additional ethical compliance strategies for attorneys using GenAI in litigation, see Generative AI Ethics for Litigators on Practical Law.)