ETHICAL RISKS AND PROFESSIONAL RESPONSIBILITY FOR THE USE OF ARTIFICIAL INTELLIGENCE BY ADVOCATES
DOI:
https://doi.org/10.17721/1728-2195/2026/1.131-8Keywords:
artificial intelligence, legal practice, professional responsibility of attorney, attorney-client privilege, rules of professional conductAbstract
Background. The rapid spread of artificial intelligence systems in legal practice is giving rise to issues that extend beyond their purely technical application. Legal practice is founded on principles of trust, confidentiality, and professional responsibility, making the uncontrolled delegation of professional functions to algorithms a particularly sensitive issue. This study aims to identify the key ethical risks of using artificial intelligence in legal practice, determine the permissible limits of such use, and substantiate the need to introduce specific professional standards, taking into account both domestic and foreign experience.
Methods. The study employs formal-legal, comparative-legal, systemic, and legal modeling methods.
Results. An analysis of the legal and ethical aspects of the use of artificial intelligence in legal practice has been conducted. The main ethical risks of using artificial intelligence include the generation of unreliable information, violations of the principles of good faith and diligence, threats to confidentiality and the advocate-client privilege, and reputational risks. Approaches of national and foreign case law to the assessment of the use of artificial intelligence have been characterized, in particular in the context of an advocate's liability for submitting unreliable information. The study argues that the use of artificial intelligence per se does not constitute a violation. However, the uncontrolled and unverified use of AI-generated outputs is inconsistent with the fundamental principles of the legal profession. The study also formulates criteria for the permissible use of artificial intelligence in the professional activities of advocates.
Conclusions. The study concludes that the use of artificial intelligence in legal practice is a natural trend in the development of the legal profession and requires appropriate regulatory and ethical oversight. A key condition for the admissibility of using artificial intelligence is the preservation of the advocate's leading role in shaping the legal position and assuming full responsibility for the legal assistance provided. The study also substantiates the need to improve legislation and the rules of legal ethics by establishing standards for the use of artificial intelligence, including requirements for verifying the reliability of information, protecting confidential data, and informing clients. In addition, it is advisable to introduce professional guidelines and training programmes for advocates on the safe and ethical use of artificial intelligence.
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