Ten Things You Need to Do Before Using Generative AI

Business litigation partner Michael Daly and associate Meaghan Geatens co-authored an article for the American Bar Association (ABA) Litigation Section breaking down critical points for attorneys considering using generative artificial intelligence (AI) to draft legal memoranda. 

The authors note that using generative AI can implicate several ethical duties, such as confidentiality requirements, which led the ABA to release guidance for AI use in the legal community. By using the ABA’s guidance, and other opinions like it, Daly and Geatens outline several best practices for attorneys, such as checking the AI program’s terms of use, firm policies, and court’s local rules and orders prior to using generative AI. 

“Finally, use your better judgement,” the authors note. “If it is used at all, generative AI should be used to assist lawyers, not replace them. Consider whether its use is appropriate for your task in your circumstance.”