New ABA Guidance on Generative Artificial Intelligence Use –What It Means for the Legal Malpractice Landscape
Last year, in the matter of Mata v. Avianca, Inc., the lawyers for the plaintiff submitted briefs to a federal court judge created through ChatGPT – a generative artificial intelligence (GAI) tool – in support of their positions. The submission by Mata’s counsel contained fabricated citations and legal decisions. In the court’s opinion at 678 F.Supp.3d 443 (S.D.N.Y. 2023) (a real cite), the judge held that the lawyers “abandoned their responsibilities when they submitted non-existent judicial opinions with fake quotes and citations.” Even worse, as the judge explained, “the lawyers continued to stand by the fake opinions even after judicial orders called their existence into question.” The lawyers plainly did not understand the limitations of the GAI tool they were using
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Clarity on Ancillary Law-Related Services
Lawyers and law firms frequently engage in a wide variety of ancillary, law-related services. Law-related services can include lobbying activities, civic positions, litigation funding, providing financial advice and serving as a fiduciary. Lawyers and firms can deliver such services through a law firm or separately. While some states follow a version of ABA Model Rule 5.7, as enacted in their jurisdiction’s Rules of Professional Conduct, others have yet to adopt specific guidance. Either way, providing law-related services raises important ethical issues, including conflicts of interest. Lawyers and firms should design any law-related services accordingly.
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If It’s Not In, It’s Out: The Crucial Role of Retainer Agreements
The scope of representation is crucial in an attorney-client relationship, which is why the parties enter into a retainer agreement. The retainer agreement must lay out the scope of the representation to prevent the attorney from having responsibility for legal issues beyond the ones for which the client retained the attorney. In lawsuits arising from a breach of the retainer agreement, courts look at the scope of representation within the agreement. Where the attorney does not fulfil their obligations set forth in the scope of representation in light of the retainer, the attorney may be in breach of the agreement.
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The Benefits and Risks of AI in Construction and Design
The use of Artificial Intelligence (AI) to monitor and prioritize risks on a job site has resulted in significant strides to make projects safer, but AI is just too new to be certain which vendors will prove themselves over time. This article discusses the pros and cons of using AI in construction related jobs. This article first appeared in the Summer 2024 edition of CLM Construction Claims.
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