The Ethical Use of Artificial Intelligence in Trust & Estate Law

In today’s rapidly evolving legal landscape, the integration of artificial intelligence (AI) is no longer a matter of choice but a necessity. Lawyers must acknowledge and embrace the role of AI in their profession. Lawyers must stay ahead of technological advancements, including AI, recognizing its potential benefits and risks.

Competently utilizing AI requires a nuanced understanding of its limitations and capabilities. The crucial need for vigilance in verifying AI-generated content is demonstrated by real-life cases where AI fabrications led to legal sanctions. While some AI tools provide more reliable results, such as legal-specific platforms like Lexis+ AI and Westlaw’s as practical AI, it is advised to have a stance of “trust but verify” to ensure accuracy and reliability.

The ethical implications of AI extend to client confidentiality and disclosure. It is important to safeguard client information, raising concerns about AI’s storage and utilization of data. A cautious approach is suggested, advocating for generic prompts and exploring AI tools with robust security measures. Moreover, transparency with clients regarding AI usage is recommended, aligning with guidelines from various bar associations, like California’s suggestion of considering disclosure in engagement letters. As legal professionals navigate this technological frontier, a commitment to ethical AI utilization is paramount, safeguarding both professional integrity and client trust.

For more information see John Challis “The Ethical Use of Artificial Intelligence in Trust & Estate Law”, The American College of Trust and Estate Counsel, April 16, 2024.