Document Type

Article

Publication Date

2025

Abstract

The rise of generative artificial intelligence (GAI) offers the legal profession a chance to reevaluate and reshape its ethical standards. This article argues that GAI's potential demands a more detailed approach to legal ethics, especially concerning technology use. While current ethics rules provide a general foundation, they do not fully address the unique challenges and opportunities of GAI and similar advanced technologies.

By reviewing historical contexts of legal technology ethics and recent GAI regulations, this article suggests a new model for technology ethics in law. It calls for the inclusion of detailed, flexible standards in ethical guidelines, moving beyond the current focus on basic competence. These standards would promote continuous learning, proactive engagement with new technologies, and ethical innovation, while allowing for flexibility to adapt to rapid tech changes.

The article examines early attempts to regulate GAI in legal practice, such as judicial standing orders and state bar guidelines. It argues that while these responses highlight key ethical issues, they often do not balance caution and innovation effectively. Instead, the article proposes a framework that uses existing ethical principles but offers more specific guidance on technology use, data security, and client communication.

At bottom, the legal profession is at a crucial crossroads. By embracing GAI and other advanced technologies as an opportunity to refine and expand ethical practice, our profession can ensure that it remains at the forefront of technological adaptation while upholding its core values and responsibilities. The proposed approach not only addresses the immediate challenges posed by GAI but also establishes a robust framework for navigating future technological advancements in legal practice for years to come.

Publication Citation

55 Cumb. L. Rev. 53 (2025).

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