Bench and bar, rebooted: Why technical competence is the new standard for lawyers
Lawyers must now master technology, especially AI, to meet ethical duties and avoid errors that could undermine court confidence.Summary
Since the ABA’s Model Rules of Professional Conduct define competence as the obligation to provide representation with the necessary legal knowledge, skill, and preparation, the rules now explicitly require lawyers to keep abreast of technology changes, including the benefits and risks of AI. Formal Opinion 512 (July 2024) confirms that generative and agentic AI fall squarely within the duty of competence, obligating attorneys to understand, supervise, and verify AI outputs before presenting them to a judge.
To meet this expanded standard, lawyers can adopt five practical habits: pursue continuing legal education focused on AI, e‑discovery, and cybersecurity; gain hands‑on familiarity by treating AI as a “thought partner” in low‑stakes drafting; test new tools in sandbox environments before using them in active matters; review and follow firm, court, and bar AI‑use policies; and choose tools that match the sensitivity of the task, favoring premium, fiduciary‑grade platforms over consumer‑grade ones. These practices build durable AI literacy, reduce the risk of sanctions or malpractice claims, and preserve judges’ confidence in the legal system.
(Source：Thomson Reuters Corporation)