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Courts, Lawyers Must Address AI Ethics, ABA Proposal Says

Courts and lawyers should address emerging ethical and legal issues related to the use of Artificial Intelligence, a resolution up for a vote at the American Bar Association’s annual meeting proposes.

Legal technology experts welcomed the proposal by the ABA’s science and technology law section to be put before the membership group’s House of Delegates in coming days in San Francisco, but said it’s long overdue.

“We’re falling in the wake of other organizations trying to get a handle on this,” said Sharon Nelson, a science and tech law section member and co-founder of Sensei Enterprises, a digital forensics, information technology, and cybersecurity small business.

If it’s adopted, the science and technology law section hopes to establish a working group to define guidelines for legal and ethical AI usage and to develop a model standard it would submit for adoption at a future ABA House of Delegate’s meeting.

It urges the legal profession to address “emerging ethical and legal issues related to the usage of artificial intelligence,” including bias in automated decisions made by AI and oversight of the technology, and the vendors that provide it.

AI tools, for example, can be used by law firms to assist in legal research, trim document review time, and help revise contracts.

“For all the advantages that AI offers for lawyers, there also is a genuine concern that AI technology may reflect the biases and prejudices of its developers and trainers, which in turn may lead to skewed results,” the resolution says.

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