Lawyers Do Not Need An AI Ban. They Need An AI Duty Of Care.

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The Above the Law coverage by Michael J. Epstein examines how artificial intelligence is reshaping legal practice and argues that the profession should focus on responsible use rather than prohibiting the technology. The article explains that AI has become part of everyday legal work, from drafting documents to reviewing records, but emphasizes that attorneys remain accountable for the accuracy, confidentiality, and judgment behind everything they file or communicate.

The piece discusses how courts have responded to lawyers who relied on AI-generated content without proper verification, presenting these incidents as signs of a broader professional responsibility issue rather than isolated mistakes. It also highlights guidance from New Jersey’s judiciary and the American Bar Association, noting that long-standing ethical duties continue to apply even as technology evolves.

Looking beyond inaccurate citations, the article identifies other areas where AI could create risks, including document review, client confidentiality, intake procedures, and billing practices. It argues that law firms should adopt clear internal policies, provide training, and establish safeguards that promote careful oversight instead of assuming technology can replace professional judgment.

The article ultimately underscores that lawyers cannot transfer their ethical obligations to software and that responsibility always remains with the attorney.

Read the full coverage here.

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