Jon Garon (Nova Law) has posted “Ethics 3.0 – Attorney Responsibility in the Age of Generative AI” (The Business Lawyer , Am. Bar Assoc, Vol. 79, Winter 2023–2024) on SSRN. Here is the abstract:
A lawyer’s duty to remain competent and diligent in light of technological change begins with the Model Rules but it must extend to the substantive relevant law. This article focuses on the obligations of client confidentiality, the duty to understand cybersecurity, the need to exploit the new technologies of generative AI and the metaverse with caution, and the need to communicate in a permissible manner. These are all key obligations under the ABA Model Rules of Professional Conduct related to the use of technology. The Model Rules provide a normative guideline that goes beyond the technical requirements for minimum competency and may provide standards for professional malpractice liability and other legal standards, but they are only a start. To fully understand the scope of the lawyers’ duty regarding technology, the practitioner must also look at state and federal regulations including HIPAA) data privacy and security rules, digital exportation under the Export Administration Act and the International Traffic in Arms Regulations, state consumer privacy laws, FTC Guides Concerning the Use of Endorsements and Testimonials in Advertising and similar truth-in-advertising obligations, and more.