New York State Bar Association Distributes
Guidelines in AI Report

By Todd McElwee

Addressing generative artificial intelligence (AI) within the legal profession, the New York State Bar Association (NSBA) has issued a report including guidelines for Empire State attorneys’ use of the technology.

The release also reviews AI-based software, technology and integrity of the judicial process and is the work of the association’s Task Force on Artificial Intelligence.

 “NYSBA seeks to proactively address how AI may best assist those who interact with the legal system while evaluating how tightly it needs to be regulated and what protections we should institute safeguard against misuse or abuse,” said Richard Lewis, President, NSBA. “From self-driving cars to ChatGPT to 3-D printed guns, AI has transformed our world. If this is our Promethean moment in AI evolution, now is the time to better understand, embrace, utilize and scrutinize this technology.”

Task Force guideline recommendations touched on protecting confidential information, fees, representation, not using AI tools to automatically generate phone calls, chat board posts or other forms of solicitation, or contracting with another person to use the tools for such purposes and more.

“Artificial Intelligence is the latest technological evolution that at one moment awes us and the next fills us with anxiety,” said Vivian Wesson, Chair of the Task Force and Executive Vice President and General Counsel at The Board of Pensions of the Presbyterian Church. “We are aware of the enormous impact it will have on our profession but are also familiar with the many risks it poses regarding confidentiality. The technology is advancing at an alarming rate and so it is imperative that we address it at this time.”

NYSBA said prioritizing education and legislation focusing on educating judges, lawyers, law students and regulators is imperative. Legislatures and regulators should identify risks associated with the technology that are not addressed by existing laws, which will likely involve hearings and studies involving experts in AI, and as needed adopt regulations and legislation to address those risks. The Task Force also wants to see the examination of the function of the law in AI governance.

ASAE said the task force was responding to recent high-profile embarrassments in the legal profession, including an incident in 2023 where two New York lawyers were sanctioned by a federal judge for using generative-AI tool ChatGPT to create a legal brief that included fake case citations. The report includes a discussion of the case and how AI tools and large language models can “hallucinate” content, wrote Mark Athitakis, contributing editor for Associations Now magazine.

“This report offers no conclusion,” the report ended. “As AI continues to evolve, so will the work of NYSBA and the groups tasked with ongoing monitoring. As a profession, we must continue to refine the initial guidelines suggested in this report and audit the efficacy of proposed rules and regulations. We liken this journey to the mindset of ancient explorers: be cautious, be curious, be vigilant and be brave.”

Find the entire report here and read more at NYSBA.org.