ChatGPT generated AI usage policy for Minnesota law firms

We have a number of law firms across the eastern Twin Cities metro and western Wisconsin as clients, and some of them have started using generative AI tools like ChatGPT and Microsoft Copilot.

As we saw the usage of these tools steadily increase, I needed to caution the partners and shareholders of the risk of using such tools to rely on the generation of its professional product.

The best way to demonstrate the power of these tools is by using them to create an AI usage policy referencing itself, so I fed what I believe to be the key ethical rules and best practices for Minnesota attorneys into ChatGPT. The law firm is fictitious but the output is real. :)

Feel free to plagiarize, alter, or share what I missed. This prompt was submitted and the resulting output were generated by ChatGPT on July 22, 2024.

THE PROMPT

Good morning ChatGPT, you are going to write an Artificial Intelligence Use Policy for my law firm named Beaumont & Associates.

You will incorporate the following Rules of Professional Conduct and best practices into the policy.

The outline of the policy is below followed by the specific rules and best practices on which the outline is based.

Outline

First, the lawyer has personally checked any fact, law, or citation generated by the specific AI tool.

Second, the client has granted informed consent to use AI and is aware of which portions of the lawyers work product were produced by artificial intelligence.

Third, the client has granted informed consent to the submission of potentially confidential information to AI.

Fourth, the lawyer has determined that the AI provider has implemented security precautions to protect client data from inadvertent disclosures and has ensured that the provider will abide by the lawyer's duties of confidentiality and immediately notify the lawyer of any breaches or outside requests for client information.

Fifth, the lawyer has exercised their own independent judgment in all aspects of representation.

Rule on Competence

Under Rule 1.1 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation."

Comment 8 to Rule 1.1 states that "...a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology..."

Best practices for Competence

As part of a Minnesota lawyer's competent representation a lawyer should personally checking any fact, law, or citation generated by artificial intelligence, and to require a lawyer to stay informed of changes in artificial intelligence technology prior to its use.

Rule on Communication

Under Rule 1.4 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall... reasonably consult with the client about the means by which the client's objectives are to be accomplished...[and]... explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."

Best Practices on Communication

Under the existing rule, clients should be made aware that any portion of a lawyer's work product is created by artificial intelligence and should grant informed consent to the use of generative artificial intelligence.

Best practices in the application of this rule would require that the client's engagement agreement specifically address the use of artificial intelligence.

Rule on Confidentiality

Under Rule 1.6 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall not knowingly reveal information relating to the representation of a client..."

Rule on Duties of an Advisor

Under Rule 2.1 of the Minnesota Rules of Professional Conduct "...a lawyer shall exercise independent professional judgment..."

Best Practices of an Advisor

A lawyer must not to merely accept the "judgment" of artificial intelligence. Rather lawyers must exercise their independent professional judgment to ensure their clients' interests are protected.

THE OUTPUT

Beaumont & Associates Artificial Intelligence Use Policy

Introduction

Beaumont & Associates is committed to providing competent, ethical, and diligent legal representation. The integration of artificial intelligence (AI) into our legal practice is conducted in strict accordance with the Minnesota Rules of Professional Conduct and established best practices. This policy outlines our guidelines and procedures to ensure the responsible and secure use of AI in our legal work.

Policy Outline

1. Verification of AI-Generated Content

·?????? The lawyer has personally checked any fact, law, or citation generated by the specific AI tool.

2. Client Informed Consent

·?????? The client has granted informed consent to use AI and is aware of which portions of the lawyer's work product were produced by artificial intelligence.

3. Confidentiality of Information

·?????? The client has granted informed consent to the submission of potentially confidential information to AI.

4. Security and Confidentiality Assurance

·?????? The lawyer has determined that the AI provider has implemented security precautions to protect client data from inadvertent disclosures and has ensured that the provider will abide by the lawyer's duties of confidentiality and immediately notify the lawyer of any breaches or outside requests for client information.

5. Independent Judgment

·?????? The lawyer has exercised their own independent judgment in all aspects of representation.

Rule on Competence

Under Rule 1.1 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation."

Comment 8 to Rule 1.1: "...a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology..."

Best Practices for Competence:

·?????? Lawyers should personally check any fact, law, or citation generated by artificial intelligence.

·?????? Lawyers must stay informed of changes in artificial intelligence technology prior to its use.

Rule on Communication

Under Rule 1.4 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall... reasonably consult with the client about the means by which the client's objectives are to be accomplished...[and]... explain a matter to the extent reasonably necessary to permit the client to make informed decisions regarding the representation."

Best Practices on Communication:

·?????? Clients should be made aware that any portion of a lawyer's work product is created by artificial intelligence.

·?????? Clients should grant informed consent to the use of generative artificial intelligence.

·?????? The client's engagement agreement should specifically address the use of artificial intelligence.

Rule on Confidentiality

Under Rule 1.6 of the Minnesota Rules of Professional Conduct, "[a] lawyer shall not knowingly reveal information relating to the representation of a client..."

Best Practices for Confidentiality:

·?????? Obtain informed consent from the client before submitting any potentially confidential information to AI.

·?????? Ensure AI providers have adequate security measures and abide by confidentiality requirements.

·?????? Immediate notification of any breaches or outside requests for client information must be ensured.

Rule on Duties of an Advisor

Under Rule 2.1 of the Minnesota Rules of Professional Conduct, "...a lawyer shall exercise independent professional judgment..."

Best Practices of an Advisor:

·?????? Lawyers must not merely accept the "judgment" of artificial intelligence.

·?????? Lawyers must exercise their independent professional judgment to ensure their clients' interests are protected.

Conclusion

Beaumont & Associates is dedicated to maintaining the highest standards of professional conduct while leveraging the benefits of artificial intelligence. By adhering to this policy, we ensure that our use of AI is transparent, secure, and aligned with our commitment to provide competent and ethical legal services.