Competence, Supervision, and Accountability with AI

Competence, Supervision, and Accountability with AI

Ethical duties don’t change because you used a new tool. If the AI output is wrong, it’s your responsibility to catch it—and to supervise its use in your practice.

Competence includes technology awareness

Competence generally includes understanding the benefits and risks of relevant technology. With AI, that means knowing what the model can do, where it fails, and how you will validate outputs.

Supervision and delegation

If AI acts like a junior drafter, supervise it like one: review, verify, and revise. Ensure that assistants and staff are trained in safe prompting and validation.

Accountability and disclosure

Courts and clients increasingly expect lawyers to manage AI risks. Some courts have issued standing orders requiring certification or disclosure regarding generative AI use. Always check local rules and judge-specific orders before filing.

A conservative best practice

  • Maintain a written AI workflow for your matter type.
  • Keep a validation record (citations verified, facts confirmed).
  • Use a second reviewer for any filing that cites law.

Try it

Prompt:

You are a legal ethics assistant. Create a one-page checklist for lawyers using generative AI in client matters.
Include confidentiality, competence, supervision, client communication, and verification steps.

Then refine: Add your firm’s approved tools and your jurisdiction’s local court considerations.

Resources

  • ABA Formal Opinion 512 (PDF): Link
  • ABA news release on Formal Opinion 512: Link
  • Mata v. Avianca (Opinion & Order): Link

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