Ilan Barzilay Quoted in Massachusetts Lawyers Weekly: ABA Panel Issues “Must Read” Guidance on Generative AI

The American Bar Association (ABA) recently released its “first formal opinion” on lawyers’ use of generative artificial intelligence (GAI) tools that “create content for various legal tasks, including drafting contracts and briefs.”

ABA’s Standing Committee on Ethics & Professional Responsibility focused on “the duties of competency, client confidentiality, informed consent, supervisory responsibility, and guidelines for charging clients when using GAI tools or services.”

Pierce Atwood partner Ilan Barzilay, co-chair of the firm’s AI & Machine Learning group, stated that, “the implied message in the ethics opinion that all lawyers eventually will need to learn how to use AI tools shouldn’t be downplayed or dismissed,” adding, “we don’t use typewriters anymore … many years ago attorneys had to figure out the modern tools for doing business, and [generative AI] looks like it’s going to be [another] one lawyers need to learn.”

The ABA committee also made clear that lawyers need to obtain the client's informed consent before "inputting information relating to the representation into GAI tools." On this issue, Ilan stated, "You need to be explicit with your clients in explaining that these are the types of tools you are using, t his is what they can do, this is what they can't do, and this is what happens to [the client's] information when you type it in. And the client needs to expressly allow that to happen."

Ilan also noted that ABA’s analysis of the fee issues surrounding the use of GAI make sense as well, saying, “It’s appropriate to bill your time to the client if you are working with a tool and correcting [the output], but if you saved two hours — only working four when you quoted six hours — you only bill the four.”

This is an excerpt from the article that MLW posted on August 19, 2024.