The Ethical AI Lawyer: What is Required of Lawyers When They Use Automated Systems?
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University of New South Wales
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University of New South Wales Australia
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.
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Author Biographies
Justine Rogers is an Associate Professor at UNSW Law & Justice, Sydney. Her research focuses on legal ethics, education and regulation, lawyers' identity, work and organisation, and the future of the profession. From 2018-2023, Justine was 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. She is a recognised educational innovator in the areas of legal ethics and legal theory.
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.
