Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands
![handle is hein.journals/geojlege33 and id is 882 raw text is: Artificial Intelligence in the Legal Field and the
Indispensable Human Element Legal Ethics Demands
NiCOLE YAMANE*
INTRODUCTION
Over the last decade, artificial intelligence (Al) has grown increasingly
advanced, and numerous industries have incorporated Al programs into their
operations. The use of Al is finally beginning to permeate the legal field as well,
bringing change to the practice of law.' Many of these changes are positive as the
use of advanced Al programs has the potential to both improve the quality of
legal services and increase individual access to justice.2
The use of Al in the legal field, however, also invokes many legal ethics con-
cerns. Because the Model Rules of Professional Conduct, which serve as ethics
guidelines for legal practitioners, were written far before advanced Al programs
existed,3 their governance over such programs remains unclear. Nonetheless, it is
important to establish how to use Al programs ethically because they will likely
play an increasingly important role in the legal field, especially in the context of
legal research, legal forms, and contract review. Specific concerns about the duty
of lawyers to provide competent representation to clients and Al programs not to
engage in the unauthorized practice of law are especially relevant to the use of Al
in the legal field.
In exploring the ethical implications of the use of Al in the legal field, this
Note will argue that as long as lawyers use Al to augment rather than replace their
work and Al programs that do not involve human attorneys refrain from giving
legal advice, Al can be an effective tool to improve the quality of legal services
and increase individual access to justice while operating well within the parame-
ters of legal ethics. There should always be a human element to the work of law-
yers to ensure that lawyers are upholding their ethical obligations to clients.
* J.D., Georgetown University Law Center (expected May 2021); B.A., University of Washington (2017).
© 2020, Nicole Yamane.
1. David Lat, The Ethical Implications of Artificial Intelligence, ABOVE THE LAW (Feb. 21, 2020, 4:48 PM),
https://abovethelaw.com/1aw2020/the-ethical-implications-of-artificial-intelligence/ [https://perma.cc/KV7Q-
DSYK].
2. Id.
3. MODEL RULES OF PROFESSIONAL CONDUCT: ABOUT THE MODEL RULES (2009), https://www.
americanbar.org/groups/professionalresponsibility/publications/model_rules_of_professional_conduct/ [https://
perma.cc/QLF3-EPSR] (The ABA Model Rules of Professional Conduct were adopted by the ABA House of
Delegates in 1983.).
877](ViewImageLocal?handle=hein.journals/geojlege33&div=44&collection=&method=preview&ext=.png&size=3)
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Artificial Intelligence in the Legal Field and the Indispensable Human Element Legal Ethics Demands
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