The Ohio Board of Professional Conduct recently released a new Ethics Guide: Artificial Intelligence for Lawyers and Judicial Officers, offering practical guidance for Ohio lawyers and judges on the ethical use of AI. As “AI is rapidly becoming a standard tool for practicing lawyers,” the Guide highlights key professional responsibility issues and references ethics opinions from across the country, sanctions orders, and scholarly articles.

The AI Guide defines key AI terminology and addresses how generative AI may be used in everyday legal practice and in court settings. It organizes best practice recommendations and professional responsibility cautions around the Ohio Rules of Professional Responsibility, including competence, client communication, confidentiality, fees, supervision, and candor to the tribunal. It also offers nonbinding recommendations and guidance for judges by connecting the Code of Judicial Conduct to issues raised with generative AI use.

The AI Guide brings together public policy concerns, practical firm management matters, and ethical rules. Taken together, the guide provides a practical framework for the ethical use of AI. “When AI tools are used in an ethical manner by lawyers, it can improve the efficiency and consistency of repeatable tasks, allowing lawyers to devote more time to the exercise of independent professional judgment, decision-making, client advice, and counseling.”

This AI Guide joins the library of practice-friendly Guides that address important topics like limited scope representation, file retention, and switching firms.

OBLIC encourages all lawyers should become familiar with AI tools and applications available to the legal profession. OBLIC also recommends that every firm, regardless of size, adopt an AI Use Policy that clearly defines appropriate use. Individual attorneys remain responsible for complying with the Rules of Professional Conduct, protecting client trust and confidentiality, and ensuring that pleadings and briefs are accurate and well supported. At the same time, firm leadership must oversee technology tools, firm data, staff, and vendors.

OBLIC policyholders with questions about artificial intelligence use, law firm risk management, or AI Use Policies are encouraged to contact the Loss Prevention team. Sample AI Use Policies are available upon request.

This information is made available solely for loss prevention purposes, which may include claim prevention techniques designed to minimize the likelihood of incurring a claim for legal malpractice. This information does not establish, report, or create the standard of care for attorneys. The material is not a complete analysis of the topic and should not be construed as providing legal advice. Please conduct your own appropriate legal research in this area. If you have questions about this email’s content and are an OBLIC policyholder, please contact us using the information above.