“The New York State Bar Association has adopted guidelines for lawyers to use artificial intelligence without running afoul of attorney ethics rules, as organizations and courts continue to weigh the benefits and pitfalls of AI in the legal sector. Lawyers should take precautions to safeguard sensitive client information and protect confidentiality, and should not rely solely on information generated by AI and generative AI tools in client matters, a state bar AI task force urged in a new Report and Recommendations of the New York State Bar Association Task Force on Artificial Intelligence.” Read more comment by Reuters here.
Ten Recommendations by the New York State Bar Association Task force on AI:
Task Force Recommendations
1. Adopt Guidelines: The Task Force recommends that NYSBA adopt the AI/Generative AI guidelines outlined in this report and commission a standing section or committee to oversee periodic updates to those guidelines.
2. Focus on Education: The Task Force recommends that NYSBA prioritize education in addition to legislation, focusing on educating judges, lawyers, law students and regulators to understand the technology so that they can apply existing law to regulate it.
3. Identify Risks for New Regulation: Legislatures and regulators should identify risks associated with the technology that are not addressed by existing laws, which will likely involve extensive hearings and studies involving experts in AI, and as needed, adopt regulations and legislation to address those risks.
4. Examine the Function of the Law in AI Governance: The rapid advancement of AI prompts us to examine the function of the law as a governance tool. Some of the key functions of Page 10 of 85 the law in the AI context are: (i) expressing social values and reinforcing fundamental principles; (ii) protecting against risks to such values and principles; and (iii) stabilizing society and increasing legal certainty.
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