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Law, Technology and Humans 1 0

The Ethical AI Lawyer: What is Required of Lawyers When They Use Automated Systems?

Abstract

This article focuses on individual lawyers’ responsible use of artificial intelligence (AI) in their practice. More specifically, it examines the ways in which a lawyer’s ethical capabilities and motivations are tested by the rapid growth of automated systems, both to identify the ethical risks posed by AI tools in legal services, and to uncover what is required of lawyers when they use this technology. To do so, we use psychologist James Rest’s Four-component Model of Morality (FCM), which represents the necessary elements for lawyers to engage in professional conduct when utilising AI. We examine issues associated with automation that most seriously challenge each component in context, as well as the skills and resolve lawyers need to adhere to their ethical duties. Importantly, this approach is grounded in social psychology. That is, by looking at human ‘thinking and doing’ (i.e., lawyers’ motivations and capacity when using AI), this offers a different, complementary perspective to the typical, legislative approach in which the law is analysed for regulatory gaps.

Published:
Pages:80 to 99
Section: Symposium: Automation, Innovation and Disruption in Legal Practice
0 citation(s) in Scopus
0 citation(s) in Web of Science
How to Cite
Rogers, J., & Bell, F. (2019). The Ethical AI Lawyer: What is Required of Lawyers When They Use Automated Systems?. Law, Technology and Humans, 1, 80-99. https://doi.org/10.5204/lthj.v1i0.1324

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Author Biographies

University of New South Wales
Australia Australia

Dr Justine Rogers is Deputy Director of the Law Society of NSW’s Future of Law and Innovation in the Profession (FLIP) research stream as part of the Allens Hub for Technology, Law and Innovation at UNSW Law. Her current research projects are on lawyers, technology and change. Justine is also a Senior Lecturer. She teaches Lawyers, Ethics & Justice, the core legal ethics course, and Theories of Law and Justice, one of the strands of jurisprudence. Justine completed her DPhil at the University of Oxford, which was an ethnographic study of London barristers and pupillage.

University of New South Wales
Australia Australia

Dr Felicity Bell is the Research Fellow for the Law Society of NSW's Future of Law and Innovation in the Profession (FLIP) research stream as part of the Allens Hub for Technology, Law and Innovation at UNSW Law. Her research background is in family law, children’s law, and legal professionalism, particularly identity construction and best practice among lawyers. Her current research is focused on the impact of technological change on lawyers and the legal profession.

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ISSN 2652-4074