What should lawyers consider when using AI?

AI applications are also increasingly being used within the legal profession. The Flemish Bar Association then published "guidelines" on the use of artificial intelligence in the legal profession, which, all in all, are quite obvious.

The key message is that the lawyer is not prohibited from using AI, but neither is he/she required to use AI. If he does use it, he must have a basic understanding of AI and LLMs (which is in line with the AI literacy obligation under the AI Act).

Summary:

  • The lawyer must report use of non-AI to his clients (just as the lawyer does not have to report use of other software applications either)
  • The lawyer is ultimately responsible for what he does with the AI output
  • The lawyer must pay particular attention to his professional secrecy and the data protection law.
  • A lawyer may use a chatbot to the extent that the client clearly knows he is communicating with a chatbot (which is an obligation under the AI Act)

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Joris Deene

Attorney-partner at Everest Attorneys

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