Spencer Fane attorney John Browning recently authored an article for the Texas Lawyer in which he discussed ethical challenges and risks involved in the use of artificial intelligence tools for legal work.
In his article, Let’s Chat About ChatGPT, John cited several instances where the tool has landed companies and individuals in hot water. Noting that ChatGPT is prone to generating false information and compromising confidential information, he advised legal professionals to be extremely cautious when utilizing ChatGPT and other generative AI tools.
“In an era characterized by our ethical duty of technology competency, the ‘caveman lawyer defense’ of ‘I didn’t know this could happen’ just doesn’t wash anymore,” John said. “In New York and the other 39 states with this duty, you have three choices when it comes to technology and your cases: (1) understand the technology and its limitations before using it; (2) have someone on your team who does understand it; or (3) don’t accept the engagement.”
At Spencer Fane, John – a former justice on the Fifth Court of Appeals – views his role as a trial lawyer to be that of a problem-solver for his clients. Whether it’s analyzing a case’s potential for early resolution through a dispositive motion, working with a client to develop a defensive trial strategy, or putting his extensive writing and media experience to use in helping a client protect its brand in the public eye, John brings a pragmatic, problem-solving approach.
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