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The New York City Bar Association has issued Formal Ethics Opinion 2024-5, providing guidance on the ethical use of AI in legal practice. This opinion follows the release of ChatGPT and reflects similar approaches taken by other jurisdictions. The guidelines emphasize the need for confidentiality, technology competence, and proper supervision of AI tools in law firms.
The Committee's recommendations include distinguishing between closed systems and generative AI tools like ChatGPT, requiring client consent for data sharing. Lawyers are urged to understand the technology's limitations and ensure that AI outputs align with client interests. Additionally, the opinion addresses billing practices related to AI usage, highlighting the importance of transparency with clients.
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