Spring 2025 Columbus Bar Lawyers Quarterly

TABLE OF CONTENTS SPRING

ColumbusBarAssociation EditorialBoard

Chair

Caitlyn Johnson

BoardMembers

Joshua Cartee

Lisa Critser

Matthew Jalandoni

Janyce Katz

Tami Kamin Meyer

Garth Robotham

Melanie Tobias

Doug Vonderhaar

Editor&Designer

Lexi Foster

Leah Dotson

Advertising

Leslie Klenk

Burgie Media Fusion (614) 554-6294 leslie@burgiemediafusion com

2025

7 A Bold Future for the CBA: Thank You Making It Possib

Aracely Taglia

45 You Feel What You Eat: Optimizing Mental Health Through Nutrition

Beverly Endslow

0 Membership Welcome, Sustainer Spotlight, and More

17 The Columbus Bar Association Welcomes Upgrade to Free Legal Research Benefit for Members with vLex Fastcase

Ed Walters

ColumbusBarAssociation 230 West St , Suite 100 Columbus, OH 43215 (614) 221-4112 www.cbalaw.org

Kathryn Brown

3 The Columbus Bar Association Helps Attorneys and Law Firms Control Expenses and Grow Jill Snitcher 39 Lawyers with Artistic License: Sarah Pomeroy

E-Filing Updates in Probate Court Magistrate Kelly A. Green

55 A One-Year Reflection on My Time in South Africa

Miranda West

71 Artificial Intelligence: Potential Opportunities and Obligations

David M. Wilson

3 Advancing Technology and Growing Risk: The Privacy Concerns of Artificial Intelligence

Gregory A. Tapocsi

Heather Sowald All in the Family: What the Sixth Circuit’s Ruling on “In Loco Parentis” Relationships Means for FMLA Compliance

89 From Keyword to Context: Crafting Legal AI Prompts for Better Results

Jennifer Wondracek

97 Artificial Intelligence in Private Practice

Matthew J. Schonauer

103 AI Governance –Practical Advice for Companies in Developing and Implementing AI Use Policies

Kristopher J. Chandler

9 Artificial Intelligence and Lawyer Ethics

D Allan Asbury

CBA Members interested in writing should email publications@cbalaw.org for more information. CLE credit eligible. The Summer 2025 Issue will feature articles on Criminal Law. The Fall 2025 Issue will feature articles on Labor and Employment Law.

FUTURE FORTHE CBA: THANK YOUFOR MAKINGIT POSSIBLE

By Aracely Tagliaventi

Time flies. It feels like it was just yesterday when I was sworn in as the President of the Board of Governors. Yet, here I am writing my last piece with the president moniker. As I reflect on my time as president of this incredible organization, I am filled with immense gratitude and pride. The Columbus Bar Association has always been a pillar of support, professional growth and advocacy for the legal community in Central Ohio. Today, thanks to the overwhelming generosity and dedication of our members, we have taken a monumental step forward.

Two years ago, the Bar of the Future Capital Campaign set out with an ambitious goal: raising $500,000 to fund our move to a state-of-the-art facility in the Arena District. I am overwhelmed with joy to report that through the unwavering commitment of 73 donors, including 17 major contributors, we not only met but exceeded our goal, raising $535,000. This success is a testament to the strength of our legal community and our shared vision for the future.

Investing in the Future of the Legal Profession

Our new space is more than just a building, it’s a hub for innovation, connection and growth. The funds raised will enhance our technological capabilities, ensuring that our members have access to cutting-edge resources — including a custom-built production studio for high-quality legal programming. The new location provides unparalleled accessibility, with first-floor access and convenient parking, making it easier than ever for members to engage with the CBA. Additionally, by optimizing our footprint, we have ensured long-term financial sustainability that will strengthen the foundation of our organization for years to come.

ACommunityEffort

This achievement would not have been possible without the dedication of our campaign leadership, volunteers and donors. To our campaign honorary chairs, Bob Weiler and Frank Ray; campaign cochair, Dave Thomas; and every supporter who contributed time, resources and passion — thank you. Your commitment to the CBA and the legal profession has created lasting change.

JoinUsinThisNewChapter

As I conclude my term as president, I do so knowing that the CBA is entering an exciting new era. But our work is far from over. I invite each of you to experience firsthand what we have built together. Visit our new home. Attend an event. Utilize the state-of-the-art technology available to you. Most importantly, stay involved and continue investing in this organization that gives so much to the legal community in Central Ohio.

The future of the CBA is bright because of you. Let us continue to build, innovate and elevate our profession together.

the WELCOME to COLUMBUS BAR!

Alexander Strohm

Alicia Gilbert

Catherine Bunch

Christopher Tamms

Diana Rosales

Douglas Kutsko

Eric Fenstermaker

Hailey Showers

Jennifer Lee

Jerrell Walker

Jessie Owens

Jordan Hollins

Jordan Raudins

Joseph Paulozzi

Julia Caple

Kaitlyn Geiger

Kasey Hughes

Kristopher Chandler

Laura Grolla

Mariam Salem

Mary Leneghan

Megan Lingle

Olivia Willeke

Sundy Huey

Tammy Ross

Yue Zeng

THANK YOU Yoursupportmakesadifference.

GeorgeJ.Arnold

BelindaS.Barnes

GeraldT.Baynes

JoanneS.Beasy

DavidS.Bloomfield

SheilaWillamowskiBoehner

ThomasJ.Bonasera

SandraE.Booth

JamesH.Bownas

WilliamJ.Browning

StephenR.Buchenroth

BruceH.Burkholder

WilliamL.ByersIV

JoelR.Campbell

JamesC.Carpenter

W.JeffreyCecil

MarkC.Collins

RichardS.Donahey

AnyaLightDuVivier

RobertD.Erney

HenryL.Fein

JohnC.Fergus

StephenC.Fitch

RussellN.Flickinger

AmyE.Flowers

RonaldA.Fresco

ScottN.Friedman

PrestonJ.Garvin

NelsonE.Genshaft

PeterJohnGeorgiton

JackG.Gibbs

PaulGiorgianni

DavidA.Goldstein

JamesH.Gordon

DanielRobertGurtner

AllenL.Handlan

MarkHatcher

BarronK.Henley

MichaelJ.Hickey

DouglasE.Hoover

JohnW.Hoppers

CynthiaEllisHvizdos

RichardB.Igo

FrederickM.Isaac

KellyE.Jena

VickiL.Jenkins

JohnS.Jones

MichaelS.Jordan

GlennonJ.Karr

RebeccaC.Kells

RussellA.Kelm

RobertW.Kerpsack

RussellW.Kessler

AllenS.Kinzer

KennethR.Kline

JenniferChristinaLee

RichardL.Levine

ScottT.Lindsey

DavidK.Lowe

MichaelD.Martz

TimothyJ.McGrath

SamanthaMeng

WalterW.Messenger

DavidP.Meyer

RichardF.Meyer

BonnieD.Michael

AdamC.Miller

ScottR.Mote

StephenA.Moyer

JohnC.Nemeth

WilliamA.Nolan

ChristopherT.O'Shaughnessy

ThomasP.Pannett

DavidC.Patterson

SamuelA.Peppers

WilliamG.Porter

CharlesC.Postlewaite

GaryPaulPrice

FrankA.Ray

SusanD.Rector

MarkR.Reitz

JamesEvansRobertsJr.

RonaldL.Rowland

PhilipP.Ryser

MichaelD.Saad

ZacharySchiff

CharlesA.Schneider

RichardW.Schuermann

DanielGeoffreySchumick

DavidM.Scott

PhilipH.Sheridan

KimberlyCalleryShumate

JessicaSkelly

CarlD.Smallwood

FredricL.Smith

JustinSolze

MichaelL.Squillace

A.C.Strip

RobinL.Strohm

IraB.Sully

ThomasM.Taggart

AracelyTagliaventi

J.TroyTerakedis

DavidH.Thomas

CharlesE.Ticknor

MelanieR.Tobias

StevenJ.Umaña

WilliamJohnWahoff

ThomasH.Wallace

CharlesC.Warner

GeoffreyE.Webster

ScottN.Whitlock

BradleyB.Wrightsel

BenjaminL.Zox

TheColumbusBar AssociationWelcomes UpgradetoFreeLegal ResearchBenefitfor MemberswithvLexFastcase

By Ed Walters

After the 2023 merger of Fastcase with global legal research service vLex, the merged company has launched a major upgrade to the free CBA legal research benefit, with a new editorial citator called Cert and new AI-powered skills.

The CBA has partnered with Fastcase since 2014 to offer complimentary legal research to its members. If you’re a member of the CBA, you get free access to Fastcase’s nationwide legal research service cases, statutes, regs, court rules, constitutions, all 50 states and federal. The service normally costs $1,300 per year, but the service is a prepaid benefit of membership to the CBA.

A free legal research benefit almost sounds too good to be true, but Fastcase was founded in 1999 with the mission to democratize the law and to make the practice of law smarter. The service was founded by lawyers who wanted to make access to the law a cornerstone of practice, not a privilege reserved for the largest law firms in the world. Working with bar associations in virtually every state in the country, the company has made legal research available to more than 1.1 million lawyers in the United States.

Amergerofstrengthonstrength

In 2023, Fastcase merged with vLex, who since 2000 had been pushing in parallel to democratize the law in the rest of the world. The two companies shared a common mission, and both are veterans of legal. But while Fastcase was building a very deep library of legal materials in the United States, vLex was founded in Spain and worked to democratize the law in Europe, Latin America and Asia.

The combination was a perfect fit and formed one of the world’s largest law libraries, with more than 1 billion documents in the combined library from more than 110 countries around the world and more than 3 million subscribers. Veteran legal journalist Bob Ambrogi said that the merger would “reshape the legal research and legal technology landscape on a global basis.”

This merger makes the Columbus Bar Association’s benefit better than ever. The combined company continues its mission to work with state bar associations to make legal research an included part of bar dues for lawyers. The Fastcase legal research service is called vLex Fastcase in the United States, and the global corporate name remains vLex. The mission for both companies remains the same — to ensure that people win or lose cases based on who has the law on their side, not based on who can afford to find out whether the law is on their side.

AbigupgradeforColumbusBarmembers

This also means that the Columbus Bar’s legal research benefit is still free, but now better than ever. The new version of the Columbus Bar Association member benefit from vLex Fastcase offers some significant upgrades to members.

Cert Citator. Is your case still good law? vLex Fastcase will include the robust Cert citator, a combination of AI and a human editorial review of more than 700,000 citations. The teams have been working on the citator for four years of research, development and testing. The result is a new citator that is more powerful than ever.

Vincent AI. vLex Fastcase will include some of the features of the amazing Vincent AI platform from vLex included in your bar plan. Vincent uses artificial intelligence to create headnotes for judicial opinions, find references similar to the document you’re reading and has tools to translate research into other languages, which can be very helpful for advising clients for whom English is not their native language. Also, some of the powerful tools from Vincent AI will be available for an additional monthly subscription, such as AI-powered research, drafting memos, redlines, reviewing contracts, drafting briefs, M&A due diligence and much more.

Sleek, New Interface. The new vLex Fastcase features a more streamlined, easier-to-read design to make research simpler and more accessible for experts and beginners alike.

Same Benefit, but Better. The benefit still includes the same free access to up-to-date judicial opinions, statutes, regulations and more for Ohio and the other 49 states, as well as federal. If you subscribe to secondary publications, or the briefs and pleadings database, those subscriptions move with you to the new platform.

Logging in to the research benefit works the same way. Visit the Columbus Bar Association website at https://www.cbalaw.org, and log in with your username and password. That will log you directly into your personalized start page in vLex Fastcase.

The Columbus Bar Association has offered legal research as a free benefit to members for many years, and as time goes on, the research software offered by the Bar gets better and better over time. The new release of vLex Fastcase is an important step forward in this continuing process of improvement. This new update will make it easier than ever to prepare work for clients, improving an already-great legal research service.

d Walters, Chief Strategy Officer at Lex and co-founder of Fastcase Lex Fastcase

THECOLUMBUSBAR ASSOCIATIONHELPS ATTORNEYSANDLAW FIRMSCONTROL EXPENSESANDGROW

ByJillSnitcher

Thompson Reuters’ recent Report on the State of the Legal Profession points out that law firm expenses grew by 5% in 2024 (2% more than in prior years) due to more investments in technology, marketing and business development. According to Thompson Reuters, “[t]ech spending as well as knowledge management costs came in well above the historical average level, followed by outside services, marketing, business development and (as an outlier) benefits.”

That’s where the Columbus Bar Association comes in. We understand that in today’s competitive environment our members expect more than CLE and networking opportunities. Members expect resources that help them grow their practices and thrive. But many members aren’t aware of the vast array of services we provide to help control costs and expand practices.

MarketingandBusinessDevelopment

ColumbusLawyers.com

For more than 70 years Ohioans searching for the right lawyer have looked to the Columbus Bar Association for help. ColumbusLawyers.com is a new sleek and user-friendly resource created to meet this demand. It features profiles that highlight the experience, qualifications and areas of expertise of each lawyer and firm making it simple for Ohioans to evaluate potential representation regardless of their familiarity with legal matters. Only Columbus Bar members can be listed on the online platform.

Looking to enhance your website with curated photography, improve your social media presence with dynamic photos, expand your firm’s Google presence with video or deliver programming with high-quality live streaming support? If so, the Columbus Bar has the equipment and skill to bring your message to life. Our experienced media team supports digital productions that are as big or as small as you need. No need to invest in expensive equipment or training we can cut your costs and time in half, all while improving the quality of your delivery.

ColumbusBarLawyersQuarterly

Interested in raising your profile as a thought leader? Articles published in Columbus Bar Lawyers Quarterly are delivered to more than 4,000 readers including potential clients and referra sources. Writing about lega developments in your practice area is a no cost way to build your reputation as a thought leader.

Attend a variety of Practice Group and Professional Development Network meetings and events to stay connected and build your network. These opportunities are a great way to meet judges and other successful lawyers, gain knowledge on a wide variety of topics and stay current on legal updates that may impact your clients. PracticeGroupsandProfessionalDevelopmentNetworks

Legal research can cost law firms thousands of dollars per month, but the CBA covers that cost for members by partnering with vLex Fastcase, one of the best online legal search platforms on the market.

vLex Fastcase is a new, improved version of the existing Fastcase legal research platform, with enhancements that revolutionize access to legal documents. (Don’t miss their article in this issue of the Columbus Bar Lawyers Quarterly.) This innovative platform offers attorney and practicing paralegal members of the bar association access to comprehensive US legal materials. Enhanced by vLex’s advanced AI-driven tools, vLex Fastcase provides the most comprehensive collection of legal content worldwide on a single intuitive platform. This allows for unparalleled efficiency and a competitive edge in case preparation and strategy. All the benefits are included for no additional cost with your CBA membership.

EmployeeBenefits

Insurance

For more than 30 years, the CBA has operated a full-service insurance agency to bring members competitive pricing on a vast array of employee benefits. With four licensed insurance agents on staff, we provide health, dental, vision, Medicare, disability, professional liability coverage and surety bonds. Our unique plan designs can provide incredible savings to members, while also offering employee retention benefits that support your firm’s ongoing success. Members receive individualized attention to products that meet their unique needs, and the proceeds are reinvested in the CBA.

Staffing

We helped create Dawson Legal Staffing to offer local law firms access to qualified legal support staff. And proceeds generated from these services are reinvested back into our profession. It’s a win-win for the entire legal community.

WhereYouBelong

All these products and services are created with our members in mind. They are uniquely tailored to meet the needs of our local attorneys and law firms. We not only provide the services law firms need to succeed while controlling expenses, but we also reinvest the revenue generated back into our community and profession. It doesn’t get any better than that.

Join us at the Columbus Bar Association where we keep you current, competitive and connected. We are your community bar where you belong.

Jill Snitcher, Executive Director

ALLINTHEFAMILY: WHATTHESIXTHCIRCUIT’S RULINGON“INLOCOPARENTIS” RELATIONSHIPSMEANSFOR FMLACOMPLIANCE

By Kathryn Brown

U.S. Department of Labor statistics reveal the most common type of Family and Medical Leave Act (FMLA) violation is denial of an employee’s leave request.[1] In a recent ruling, the Sixth Circuit Court of Appeals established a new framework for employers to use when evaluating FMLA leave requests to care for a sibling or other family member outside the

core set of family relationships recognized under the FMLA.

In Chapman v. Brentlinger Enterprises, a three-judge panel of the appellate court interpreted expansively the meaning of in loco parentis for purposes of the FMLA, the bedrock federal statute that guarantees eligible employees a right to job-protected leave in

various circumstances. The appellate court remanded the case for the district court to determine whether the employer violated the FMLA by denying the plaintiff’s request for FMLA leave to care for her adult sister. The ruling has significant implications for the scope of FMLA interference claims, making it a must-read for labor and employment counsel here in the Sixth Circuit.[2]

Legal Background

The FMLA entitles an eligible employee to take up to 12 workweeks of leave to care for a narrow set of family members in specific circumstances. In pertinent part, eligible employees may take a leave of absence to care for a “parent,” “son or daughter” or “spouse” with a “serious health condition,” as the FMLA defines each of those terms.[3]

The statutory definition of “parent” under the FMLA is the biological parent of an employee or an individual who stood in loco parentis to an employee when the employee was a “son or daughter.”[4] The FMLA defines a “son or daughter” as the biological, adopted, or foster child, a stepchild, a legal ward, or a child of a person standing in loco parentis who is either under 18 years of age or is 18 years of age or older and incapable of self-care because of a mental or physical disability.”[5]

Notably, the FMLA statute does not define in loco parentis. Absent a statutory meaning, the Department of Labor has undertaken to explain in loco parentis relationships for FMLA purposes in regulations and guidance.[6]

Factual Background

The plaintiff in Chapman worked as a finance manager for a luxury car dealer in the Columbus area. The plaintiff’s adult sister asked the plaintiff to be her primary caregiver after a terminal cancer diagnosis rendered her incapable of self-care. When the plaintiff requested to commence a leave of absence under the FMLA leave to care for her sister in her final days, the employer denied the request. The employer concluded that, because the FMLA does not provide a right to leave to care for a sibling, the plaintiff was not eligible for FMLA leave. Around a week later, when the plaintiff did not appear for work, the employer separated her from employment. Days after learning of her termination, the plaintiff’s sister passed away.

The plaintiff later filed claims against the employer in the Southern District of Ohio, including claims of interference and retaliation in violation of the FMLA. On July 7, 2023, the district court granted the employer’s motion for summary judgment, dismissing each of the plaintiff’s claims. In key part, the district court concluded that, for FMLA leave purposes, the in loco parentis relationship must have started while the “child” was under 18 years old.

The Sixth Circuit’s Ruling

On December 13, 2024, the court reversed the district court’s ruling. Resolving an issue of first impression, the Sixth Circuit concluded in a precedential decision that an in loco parentis relationship

that develops when both the “parent” and the “child” are adults may form a basis for an employee to take FMLA leave. Based on this expansive interpretation of the statute, the court reasoned that, on remand, the plaintiff may be able to establish that she was entitled to take FMLA leave during her employment with the defendant if she can show intent to assume a parental role over her sister.

Practical Pointers

The Sixth Circuit’s opinion in Chapman illustrates the fact-intensive nature of FMLA leave inquiries. It is critical that FMLA-covered employers ensure that anyone who interfaces with their employees about leaves, whether that be in-house human resources professionals or third-party vendors, avoid reflexive denials of leave requests.

The appellate court articulated a set of non-exclusive factors to consider in determining whether the plaintiff intended to form an in loco parentis relationship when she requested to take FMLA leave. Among the factors the court set out for examination upon remand are: how the plaintiff described her relationship with her sister to others and whether the plaintiff assumed obligations towards her sister, including with respect to finances and day-to-day care needs. The Sixth Circuit emphasized that the inquiry is a “flexible one” with the touchstone being intention.

The capacious reading of in loco parentis means employees may have a right to job-protected leave under the FMLA to care for an adult sibling, grandparent, aunt, uncle or other family member whose incapacitating medical condition renders them incapable of self-care.

Employers seeking to manage the risk of FMLA claims may also want to take a fresh look at their FMLA policies and practices to ensure they act appropriately in notifying employees of their rights under the FMLA and responding to requests for leave. Further, as employers increasingly turn to AI-based software to streamline human resources functions, including leave of absence management, oversight of these resources is essential to ensure compliance with the FMLA and other laws affecting the workplace.

1 U S Dept of Labor, Wage and Hour Div , Family and Medical Leave Act, Common FMLA Violations [FY24], https://www dol gov/agencies/whd/data/charts/fmla

2 Chapman v Brentlinger Enterprises, 124 F 4th 382 (6th Cir 2024) On January 27, 2025, the plaintiff/appellant’s petition for en banc rehearing before the full appellate court was denied, letting stand the panel’s ruling.

3. 29 U.S.C. 2612(a)(1)(A)-(C).

4. 29 U.S.C. 2611(7).

5. 29 U.S.C. 2611(12).

6. See, e.g., 29 C.F.R. 825.122(d)(3); U.S. Dept. of Labor, Fact Sheet #28B: Using FMLA Leave When You Are in the Role of a Parent to a Child (Mar. 2025), available at https://www.dol.gov/agencies/whd/factsheets/28B-fmla-in-loco-parentis; U.S. Dept. of Labor, Fact Sheet #28C: Using FMLA Leave to Care for Someone Who Was in the Role of a Parent to You When You Were a Child (Mar. 2025), available at https://www dol gov/agencies/whd/fact-sheets/28Cfmla-eldercare; U S Dept of Labor, Administrator’s Interpretation No 2010-3, Clarification of the Definition of “Son or Daughter” Under Section 101(12) of the Family and Medical Leave Act (FMLA) as it Applies to an Employee Standing “In Loco Parentis” to a Child (June 22, 2010), available at https://www dol gov/sites/dolgov/files/WHD/legacy/fil es/FMLAAI2010 3 pdf

7. AARP, Caregiving in the United States 2020 (May 14, 2020), https://www.aarp.org/pri/topics/ltss/familycaregiving/caregiving-in-the-united-states.

Final Thoughts

Roughly one-fifth of U.S. adults will serve as a caregiver at some point.[7] With this reality in mind, counsel advising employers or employees should remain vigilant to legal developments under the FMLA, including the Sixth Circuit’s ruling in Chapman.

Kathryn Brown

E-FilingUpdatesin ProbateCourt

By Chief Magistrate Kelly A. Green

Exciting things are happening at the Franklin County Probate Court! The court is modernizing its clerk functions by moving all case types into Tybera’s e-flex system, the current vendor for Franklin County e-filing. Practitioners with experience e-filing in the county will be familiar with the system, which is already used in probate civil cases, name changes, adoptions, and involuntary civil commitments, as well as cases filed in the other divisions of

the Franklin County Common Pleas Court.

Since being elected to a six-year term that began in 2021, Judge Jeffrey D. Mackey’s primary goal has been increasing access to justice. He has taken two main approaches towards that end: First was building an equitable HR structure, including overhauling staff recruiting practices to ensure the hiring of qualified staff

who more closely reflect the community being served. Second was modernizing the court’s technology and improving workflows and processes. The move to e-filing is a huge milestone that will be good for staff, the bar association and the public.

The filer then has 14 days to submit the hard copy original will to the court, which a clerk will stamp and upload. A public filing station at the court will be available for pro se filers to use.

As with existing e-filed cases, once each case type has gone live, all documents will be required to be electronically submitted to the court. This will include all filings in existing cases, not simply cases initiated after e-filing begins. After a brief transition phase, hard copy documents will no longer be accepted by the court for filing. The most notable exception to mandatory e-filing is the filing of original wills. The court created a placeholder document for wills in the system to be filed when an estate case is open.

Following a countywide system upgrade to the e-flex system on February 18, 2025, the court began to transition new case types into the system, starting with estates and trusts. E-filing for estates and trusts went live with a soft-launch on April 7, 2025. All estate and trust actions are now able to be e-filed. The last day the court will accept paper filings in all existing and newly filed estate and trust cases will be Friday, May 9, 2025. From there, guardianship, protective services, birth corrections, and other miscellaneous case types will be moved into the system as

configuration and testing is completed for each phase. The court expects to begin e-filing guardianship cases on April 28, 2025. The expected final date for accepting paper filings in guardianship cases is Friday, June 6, 2025. The court continues to work closely with vendors on issues that arose during the system upgrade to ensure a smooth transition to e-filing. The court anticipates all case types being fully e-filed in the first half of 2025.

Keep an eye to the court’s website for updates and go-live dates for all remaining case types. The court is working to update forms, which will be available on the court’s website and probate form software companies. The court is also planning training sessions for practitioners with the updated processes and procedures for the e-filing of specific case types. These sessions will be listed on the court’s website as they become available.

Chief Magistrate Kelly A. Green

LAWYERSWITH ARTISTICLICENSE: Sarah

Pomeroy

By Heather G. Sowald

While working to make her community better and safer, Sarah Pomeroy surrounds herself with music.

Sarah grew up in Worthington, is the daughter of local attorneys Rosemary and Mark Pomeroy and has a brother, Michael an accomplished guitarist himself. Sarah’s parents performed in their church choir and in competitive barbershop quartets; plus, Rosemary is an accomplished pianist and was featured in the fall 2017 Lawyers Quarterly. Sarah began piano lessons at age 6, attended music camps and, at one time, toyed with the idea of becoming a professional pianist. She also played the clarinet, performing with Bishop Watterson’s marching and concert bands.

Sarah joined the high school jazz band as a pianist. She participated in their annual performances, competed in statewide solo classical competitions, and, for her senior recital, performed ten classical pieces.

She still practices the piano several times a week as a way of destressing from her job. In fact, her neighbor admitted that he turns off his television just so he can listen to and enjoy her piano playing.

Sarah says that her favorite thing is to dissect the nuts and bolts of each piano piece, discerning the emotions she can create and feel from the music. While she still plays classical pieces, Sarah has a wide repertoire ranging from jazz to musicals to holiday music, plus any other tunes that catch her fancy.

and to find ways to work toward fixing the problems. By the time she entered Michigan State for college, she decided to pursue law instead of music as a career in order to have the opportunity to fight for individuals and her community.

After she graduated from The Moritz College of Law at O.S.U. (J.D. and M.A. in Public Policy and Management, 2015), Sarah accepted a job at Jones Day in Washington, D.C. She happily mentions that her very first purchase in anticipation of the move to her own apartment there was a 1942 Steinway upright with its

Her parents also raised her to be aware of what is going on in the world

original ivory keys. She made this purchase even before she bought a bed, couch or any other piece of necessary furniture. Not surprisingly, she relied heavily on her piano practice during her years in D.C.

Several years later, Sarah transferred to the firm’s Columbus office, and, shortly thereafter, she accepted a position with the Columbus City Attorney’s Office on their Property Action Team. Her current position addresses public nuisances in the community, such as landlords and ow caring for their create safety and

Her civic activities include running in the 2024 primary for a statehouse seat in 2024 (losing by only 20 votes). She was the Co-Director of the New Leaders Council Columbus chapter and served as the Co-President of the ACS Columbus Chapter. Sarah is currently serving as the CBA’s Chair of the Government Agencies practice group.

In her free time, she enjoys traveling, trying recipes from various world cuisines, reading, yoga, attending musicals and enjoying the local restaurant scene with friends. When invited, she plays background piano music for her parents’ parties any excuse, she says, to play their Baldwin grand piano.

Sarah is currently working through some of her favorite Chopin and Debussy pieces. She would like to resume piano lessons and ramp up her jazz improvisation skills. The great love of her life, she says, is music, and she either has it on in the background or she is playing her piano, with the pipe dream of joining a jazz trio. She knows she will never lose the joy of having music in her life and looks forward to continuing the joy of discovering and learning new pieces.

Heather G. Sowald, Esq.

YOUFEELWHATYOUEAT: OPTIMIZINGMENTAL HEALTHTHROUGH NUTRITION

By Beverly Endslow

The saying "you are what you eat" has long emphasized how diet influences physical health, but growing evidence highlights a deeper connection: What you eat affects not just your body, but your mind as well. A more accurate phrase might be: You feel what you eat.

As legal professionals, you are well aware that your brain is always active, managing everything from thoughts and movements, breathing and heartbeat, to sensory perception. It works tirelessly around the clock, even when you sleep. This constant

activity means it needs a steady supply of fuel, which comes from the foods you consume. The quality of that fuel is crucial, as it directly impacts the structure and performance of your brain — and, by extension, your mood.

You know that the legal profession demands resilience, mental clarity and emotional stability, often under high-pressure circumstances. Long hours, intense workload and emotionally challenging cases can leave you vulnerable to fatigue, stress and burnout.

Much like a high-end car, your brain performs optimally when it receives premium fuel. Nutritious foods rich in vitamins, minerals and antioxidants provide essential nourishment, protecting the brain from oxidative stress a form of cellular damage caused by free radicals produced during oxygen use in the body.

Nutritional psychiatry is an emerging field that studies the connection between diet and mental health and how the foods you eat can influence your mood and behavior. By incorporating these nutritional psychiatry principles, we can enhance brain function, mood stability and overall well-being.

The Gut-Brain Connection

However, when the brain is fed "lowquality" fuel from processed and refined foods, it struggles. Processed foods high in refined sugars, for instance, not only disrupt insulin regulation but also increase inflammation and oxidative stress. Numerous studies link a diet high in refined sugars to reduced cognitive function and an exacerbation of mood disorders like depression.

The gut-brain axis refers to the communication pathway between the brain and the gut, largely facilitated by the gut microbiome — the collection of microorganisms in the digestive system. The gut produces about 90% of the body's serotonin, a neurotransmitter that regulates mood. When the gut is healthy, it supports mental resilience and helps you manage stress and anxiety more effectively.

Blood Sugar Stability

Stable blood sugar is essential for cognitive clarity, consistent energy levels and emotional stability. Fluctuations in blood sugar due to irregular or unbalanced eating can lead to mood swings, irritability and fatigue. A balanced diet will help avoid blood sugar crashes that can affect focus during extended workdays.

Anti-Inflammatory Nutrition

Chronic inflammation is linked to various mental health issues, including anxiety and depression. An anti-inflammatory diet, rich in fruits, vegetables and healthy fats, can reduce inflammation and support brain health. This diet approach helps protect against cognitive fatigue ideal for high-stress work environments.

Neurotransmitter Production

Certain nutrients play a vital role in producing neurotransmitters, such as serotonin and dopamine, which regulate mood, focus and motivation. A diet rich in amino acids, vitamins and minerals can support neurotransmitter function helping you remain clear-headed and emotionally balanced.

Practical Food Recommendations for Good Mental Health

The following foods and nutrients are particularly beneficial for enhancing cognitive performance, emotional stability and overall mental health, making them ideal additions to a busy lawyer’s diet.

Omega-3-Rich Fatty Fish

Omega-3 fatty acids, particularly EPA and DHA found in fatty fish, reduce inflammation, support brain structure and promote the production of mood-regulating neurotransmitters. Regular intake can help manage anxiety and depression, boosting resilience.

Research shows that omega-3s can reduce symptoms of depression and anxiety — ideal for handling the emotional demands of legal work. The best sources of omega-3s come from salmon, sardines, mackerel and trout.

Probiotic and Prebiotic Foods for Gut Health

Probiotics, such as yogurt, kefir, sauerkraut and kimchi, introduce beneficial bacteria to the gut. Prebiotics, such as garlic, onions, asparagus, bananas and oats, feed these bacteria. Together they promote a balanced gut microbiome and enhance the gut-brain connection.

A healthy gut microbiome is linked to improved mood, reduced anxiety and enhanced cognitive function essential for managing the stresses of the courtroom.

Complex Carbohydrates for Energy Stability

Complex carbohydrates like whole grains (e.g., oats, quinoa, brown rice) and starchy vegetables (e.g., sweet potatoes) release glucose gradually and keep blood sugar stable. They provide steady energy and help you avoid the fatigue that comes with blood sugar fluctuations.

Consistent glucose levels support focus and reduce irritability, helping with mental endurance during long cases or meetings.

Leafy Greens and Cruciferous Vegetables

Dark leafy greens and cruciferous vegetables (e.g., spinach, kale, broccoli, brussels sprouts) are rich in folate and antioxidants, which protect the brain from oxidative stress a

broccoli, brussels sprouts) are rich in folate and antioxidants, which protect the brain from oxidative stress — a condition exacerbated by chronic work-related stress.

Folate is essential for producing serotonin, which regulates mood and focus ideal for maintaining mental clarity in high-pressure situations.

Lean Proteins for Neurotransmitter Synthesis

Lean protein, such as chicken, turkey, eggs, tofu and legumes, provides amino acids necessary for producing neurotransmitters that help manage stress and improve mood. Tryptophan, an amino acid in protein-rich foods, is a precursor to serotonin.

Nuts and Seeds for Stress Management

Nuts and seeds provide magnesium, a mineral known for its calming effects, along with protein and healthy fats that sustain energy. The best sources of nuts and seeds include almonds, walnuts, pumpkin seeds and chia seeds.

Magnesium in nuts and seeds promotes relaxation, which can reduce stress and improve mental clarity during demanding tasks.

Antioxidant-Rich Berries for Brain Protection

Blueberries, strawberries, raspberries and blackberries are packed with antioxidants that combat oxidative stress, which affects memory, mood and cognitive clarity.

Sufficient protein intake enhances mood, boosts focus and supports mental alertness, especially helpful when managing case complexities.

Antioxidants in berries protect the brain and help reduce fatigue and enhance memory, which is ideal for improving focus on complex legal documents and tasks.

Dark Chocolate for Cognitive Boosting

Dark chocolate with at least 70% cocoa contains flavonoids, compounds that promote blood flow to the brain, and have been linked to improved cognitive function.

Dark chocolate can enhance mood and cognitive performance, offering a boost in productivity and emotional balance when consumed in moderation.

Herbs and Spices for Cognitive Clarity

Herbs like turmeric and rosemary contain anti-inflammatory compounds that support cognitive health. Turmeric’s active compound, curcumin, has been linked to reduced symptoms of depression, while rosemary may improve focus and memory both helpful when handling mentally taxing tasks.

Hydration for Focus and Endurance

Staying hydrated is essential for maintaining focus, energy and mental clarity. Dehydration can lead to fatigue and mood disturbances, impairing productivity. The best sources for hydration include water, herbal teas and coconut water.

Proper hydration helps regulate energy levels and supports cognitive function, allowing for better focus during extended periods of concentration.

Foods to Limit for Mental Health Optimization

Refined Sugars and Processed Foods

These can cause rapid blood sugar spikes and crashes, leading to mood swings and irritability.

Excessive Caffeine

Moderate caffeine can boost alertness, but excessive consumption of caffeine may increase anxiety and impair sleep; sleep is essential for mental health.

While moderate alcohol can be socially acceptable, excessive intake of alcohol can negatively affect mood and increase anxiety or depression risk. Alcohol

Practical Tips for Legal Professionals

Implementing these nutritional principles in a busy legal lifestyle may be challenging, but here are some strategies to make it easier:

Prepare Snacks

Keep nutrient-rich snacks like nuts, yogurt and berries on hand for long work hours.

Choose Balanced Meals

Opt for meals with a mix of lean protein, complex carbs and vegetables, which are more stabilizing than processed foods.

Hydrate Regularly

Use a water bottle or herbal teas to stay hydrated throughout the day.

Limit Sugary Beverages

Sugary drinks can lead to energy crashes, so consider unsweetened coffee, tea or infused water.

Using Nutrition to Thrive

Legal professionals need mental resilience, emotional stability and focus to thrive in their demanding roles. Nutritional psychiatry provides valuable insights into foods that support mental health, reduce stress and enhance cognitive function. By incorporating foods like omega-3-rich fatty fish, whole grains, leafy greens and nuts, lawyers can protect their mental health, increase energy and maintain clarity throughout the day. Prioritizing nutritious food choices supports not only the body but also the mental clarity and emotional resilience needed for success in a challenging field.

The Judicial Advisory Group can help

If you are a judge or magistrate who needs help, contact the Judicial Advisory Group a peerbased confidential assistance group that helps judges and magistrates with personal and professional issues. For more information, go to www.ohiolap.org/judges or call (800) 348-4343.

OLAP can help

If you are a legal professional who is unhappy, depressed, or suffering from substance use disorder, burnout, or stress and you believe it is affecting your life, the Ohio Lawyers Assistance Program can provide CONFIDENTIAL help. For more information, go to ohiolap.org or call (800) 348-4343.

Beverly Endslow

Chair

ClaireHalffield

AONE-YEARREFLECTIONON

MYTIMEINSOUTHAFRICA

By Miranda West

“Certainly, travel is more than the seeing of sights; it is a change that goes on, deep and permanent, in the ideas of living.” -Mary Ritter Beard

When I began working as a paralegal in the Office of Legal Affairs at Ohio University in 2014, I had no idea where the opportunity would take me.

I soon found out that the best thing about working at a university is that one is always being encouraged to continue learning through not just education, but experience as well.

Inevitably, soon after I started with OU, I returned to the classroom and,

in 2017, I graduated with a Bachelor of Specialized Studies in Legal Studies. 2017 was also the year I traveled abroad for the very first time with a cohort of undergrad students. In a trip that took us to Dublin, Ireland and Omagh, Belfast and Derry, Northern Ireland,[1] we studied human rights, law and justice in relation to the Troubles through interactions with human rights lawyers, ex-political prisoners, victims’ associations and

restorative justice practitioners. I returned to Northern Ireland in the spring of 2020 as a grad student, where I completed independent study research focusing on the legal aspect of the on-going inquests and legal proceedings into the sectarian violence that took place beginning in the 1960’s until the signing of the Good Friday Agreement in 1998 (and, to some extent, is still taking place today).

I have always loved learning new things and storing up a mix of facts, figures, and other information. After all, as paralegals, that’s what we do, right? After completing a master’s degree in Law, Justice & Culture in 2023, the opportunity to travel with OU presented itself again in spring 2024, this time for the inaugural program “South Africa: Law, Justice and Transitions to Democracy.”[2]

This new program was developed by Anthropology professor Dr. Haley Duschinski and Larry Hayman, attorney and pre-law director at OU’s Center for Law, Justice & Culture. The course included pre-departure study, on the ground experience, and culminated with a capstone moot court oral argument on a current South African constitutional issue. Though I was not working toward another degree, I knew that I had to take advantage of this incredible opportunity. I am so thankful I did.

South Africa — A Brief History

In 1652 Dutch farmers settled into southern Africa and began growing crops and importing slaves.[3] The first British settlers arrived in 1820 and included artisans, tradesmen, religious leaders, merchants, teachers, bookbinders, blacksmiths, discharged sailors and soldiers, professional men and farmers.[4] Discovery of diamonds and gold in the early 1800s led to the creation of the Union of South Africa in 1910, and in 1948 under minority-white rule, the South Africa Nationalist Party fully implemented apartheid, a harsh

institutionalized system of racial segregation and equally discriminatory legislation against those who were found to be non-white.

Under apartheid, one’s race was labeled either Black, White, Coloured,[5] or Indian, and indicated on a document that restricted where you could travel, work, eat, go to school, etc. These “pass laws” also restricted settlement, and entire communities were forcibly expelled from their land and homes and made to live in slums far from cities and towns. Lawful segregation and racism sustained poor education, lack of skilled labor training, and lower wages, all based on an individual’s race classification. If a husband and wife were classified as different races, they were not allowed to live in the same home. Voting rights were non-existent, and the only option for work was in the service of the Afrikaner. If you were traveling somewhere you were prohibited from going, you were arrested. In jail you would be segregated as well, receiving meals

that were different for each race, subjected to torture, humiliation, and, if released, rearrest without cause. Pass law offenses accounted for more than 17 million arrests and, at the highest point, an average daily prison population of almost 100,000.[6]

In response to apartheid, the African National Congress (ANC) was founded in 1912[7] and in 1950 a mass movement, the Defiance Campaign, began an increased resistance to apartheid. Campaigns against the Group Areas Act and the Bantu Education Act were encouraged despite the banning of ANC leaders and the passing additional restrictive laws. Nelson Mandela, leading the campaign of civil disobedience, was arrested and sentenced to life imprisonment.[8]

The 1960s saw the beginning of an armed struggle after bans and massacres of peaceful protestors were carried out. In 1976, students marched against the institution of strict use of the Afrikaans language in all public schools. Police opened fire, killing 13-year-old Hector Pieterson and at least three others in Soweto. In other parts of South Africa, uprisings spread, and by the end, police had killed more than 1,000 people.[9]

In the late 1970s and 80s violence continued as more than 3 million people were forcibly resettled, townships revolted, and states of emergency announced. Bannings of the ANC kept meetings and planning underground and forced many ANC leaders into exile.

In 1989 Nelson Mandela mediated terms with then-Prime Minister F.W. de Klerk, and public facilities were desegregated. Finally, in 1990 the ANC was unbanned, and Mandela was released after 27 years in prison. The 1990s witnessed the continued unraveling of apartheid as multi-party talks

lead to repeals of remaining apartheid laws. International sanctions were lifted, and in 1993 an interim constitution was agreed upon. In 1994 the ANC won the first non-racial elections, and Mandela became president, thus restoring Commonwealth membership, establishing a government of national unity, and reinstating membership to the UN General Assembly after 20 years.[10]

South Africa still struggles today as their young democracy continues to recover from the institutionalized injustice of apartheid.

South Africa — The Journey

“We are all children of Africa, and none of us is better or more important than the other. This is what Africa could say to the world: it could remind it of what it is to be human.”

– Alexander McCall Smith

Our trip began with four days in Cape Town, where we visited Robben Island, Table Mountain, the Company Gardens and Malay Quarter, the Jewish Museum, the District Six Museum, and the Iziko Slave Lodge. Cape Town is situated along the picturesque coastline of the blended Indian and Atlantic Oceans.

It was along this coastline that we attended an OU alumni dinner, where we were able to meet, network, and share stories of our shared Athens experience. South African Bobcats shared their own stories of living through apartheid and the democracy process.

Personally, the District Six Museum left me with a blended sense of the horrors the apartheid regime had carried out as well as marvel at the hope and resilience of the people who survived it. Through careful curation of photographs and personal items from the era, the District Six Museum exhibits a photographic and textile timeline of the horrors and atrocities committed against the people of District Six and other communities like it.

Our journey next took us to Johannesburg, the seat of the Constitutional Court, the highest court in South Africa, built on the site of the Old Fort prison complex. The prison complex, also called “Number Four,” contained large, overcrowded communal cells that quickly spread disease and was governed by pervasive gangs that still exist within South Africa’s prison system. Gang intimidation, racial food rationing, interrogation, and extreme indignities were inflicted upon both men and women as well as some children. Former political prisoners include Mahatma Ghandi, Robert Sobukwe, and Albert Luthuli. Mandela’s wife,

Winne, was held there numerous times over the course of the fight against apartheid, once for 491 days without reason or cause.[11]

The Constitutional Court building is cloaked with symbolism and was designed to offer a tangible shift in energy from the sites among which it stands. The Court is situated close to the Flame of Democracy, a symbolic and literal beacon of light, as the Court works to provide justice to those who suffered under apartheid.[12] Windows at the eye level of the judges reveal only the feet of those who walk by it, a reminder that everyone is equal

under the law. The judges sit at eye level with the attorneys presenting a case, and an amphitheater-like gallery elevates the public to symbolize the relationship of the judges and the public, a reminder that the judges are meant to serve the nation.[13]

We next traveled to Pretoria, the administrative capital of South Africa and the Freedom Park Heritage Site and Museum, a museum and memorial chronicling and honoring those who contributed to South Africa’s liberation, preserving and narrating the story of South Africa, beginning with the dawn of humanity and continuing through pre-colonial, colonial, apartheid, and the postapartheid nation South Africa is today.[14]

We also had an eye-opening visit to Ponte City, Africa’s tallest apartment block, and the local area of Hillbrow, led by the incredible organization Dlala NJE and our guides, Sifiso Zikhali and Delight Sithole. Dlala NJE offers guided exploration of Johannesburg’s most misunderstood areas. Proceeds from the tours help to fund two community centers, offering safe spaces in one of the world’s most unequal societies.[15] It was inspiring to see these individuals work to change the perception of the section from a dangerous, povertystricken neighborhood to a transformed, revitalized, safe, and vibrant multicultural hub of shops and cafes, as it had been decades before.[16]

In Johannesburg, we had additional opportunity to meet with OU alumni at an incredible dinner. Bobcats from multiple disciplines, institutions, and areas of study gathered to connect and share stories of time in Athens as well as where our paths had taken us over the years. Reflections of hiking up Jeff Hill and memories of gatherings with professors who added a chair to the dinner table for them were fondly recalled. There was much laughter all around as well as a few tears, as long-forgotten experiences and people resurfaced.

The Moot Court Experience

“The study of law can be disappointing at times, a matter of applying narrow rules and arcane procedure to an uncooperative reality; a sort of glorified accounting that serves to regulate the affairs of those who have power —and that all too often seeks to explain, to those who do not, the ultimate wisdom and justness of their condition. But that’s not all the law is. The law is also memory; the law also records a long-running conversation, a nation arguing with its conscience.” – Barack Obama

In addition to the people and places we met and visited, the Moot Court is another experience I will never forget. We were divided into teams, and each group received a mock lower court decision on a current constitutional issue relative to South Africa. We were required to write a brief and then prepare and deliver an oral argument before a panel of experienced civil rights attorneys at the global law firm of Norton Rose Fullbright,[17] who judged who prevailed. My partner, Brian and I

were given a land restitution case arguing two questions: (1) Whether the Indigenous People’s Union (the Respondent) had a valid claim for restitution of a right in land under South Africa law and the South Africa Constitution, and (2) Whether the Indigenous People’s Union were entitled to either restoration of a right in land or equitable redress.

I am no stranger to legal research and writing, which is my favorite thing about the legal profession, so the brief was a fun exercise for me. However, as a paralegal with a strong ethical compass, everything inside of me was yelling "you can't represent a client in court!" as I stood up in 'court' and stated: “May it please the court. My name is Miranda West, and I am here on

behalf of my client, Cape Gooseberries, the Petitioner in this matter.” I was also more than a little nervous as I prepared my argument, fearing that somehow my twenty plus years as a paralegal were going to fail me and I would fall flat on my face during the questioning from the judges. However, even though I was on the “wrong-side” of the matter according to my internal compass, my argument was a fairly clear-cut constitutional argument, and I did prevail over my partner. I must say, though, he definitely gave me a run for my money and incorporated some interesting arguments, forcing me to re-think more than a few of my points. Land rights are regularly grappled with in post-apartheid South Africa, so I will be curious to see how the matter develops.

Access to Justice and Legal Assistance in South Africa

“I need Africa to remind me that beauty has many faces and that giving has many hands.”

– Annie Downs

I would be remiss if I did not discuss the social injustice that still runs rampant in South Africa. The access to justice gap is not a problem exclusive to the United States, but in South Africa’s young democracy, access to justice from the injustices of apartheid is paramount. In the U.S., solutions to the gap typically involve discussions around “Civil Gideon,” limited-scope representation, probono, or extended licensing for retired attorneys. Additionally, the conversation has turned into a growing movement for the judiciary to change the way it regulates the practice of law by expanding the provision of legal assistance to individuals by non-lawyers and the creation of a new category of legal service provider. In most states, indigent civil litigants continue to remain dependent upon free or

low-cost representation, wholly dependent on the increase in lawyer participation to access civil justice.

South Africa’s unique situation recognizes that the justice system must be open and accessible to those it closed its doors to previously. I was privileged to attend a meeting with the Black Sash, a human rights organization originally founded in 1955. My visit to the Black Sash was not on my original agenda, but when I learned of the work being done there by paralegals, I knew I had to try to set up a meeting. Dr. Lindsey Rudibaugh, the Executive Director of Experiential Learning at OU, was also on the trip

to explore other experience-based learning opportunities for students, and she set up a meeting with Thandi Henkeman, the Regional Manager of the Western Cape, and Amanda Rinquest, the Education and Training Manager at the National Office. Both could not have been more generous with their time and knowledge, and I am happy to report that Black Sash will be apart of the formal academic program for the 2025 cohort.

Early members of the Black Sash were liberal white women who organized non-violent campaigns against removing people of color from the voters’ roll by the National Party, the pass laws, and other apartheid legislation. The group, originally named the Women’s Defense of the Constitution League, soon became known as the Black Sash as the press noted their wearing of black sashes to symbolize the mourning of the South African Constitution. Soon, the organization was offering legal rights advice offices to nonwhite South Africans affected by apartheid.

Today, the Black Sash continues to reimagine its efforts, focusing on the social grant system by monitoring compliance with an Agreement with the South African Social Security Agency, deterring the agency from unauthorized deductions from the accounts of grant beneficiaries and protecting their confidential information. What makes Black Sash unique is its utilization of paralegals for community-based monitoring, providing feedback to government departments to improve services, working together within societies and serving in a common foundation. The Black Sash has a solid foundation and advocates for social protection at all levels. A helpline was established to provide free paralegal advice services. Through efforts at the national, local, and regional levels, utilizing the information analyzed by the paralegals’ evidence-gathering methods, the Black Sash’s advocacy continues to coordinate public awareness campaigns and address policy issues and localized social concerns. We know that civil justice problems

are common and widespread, and “bread and butter issues” are at the core of the lives of individuals and families, aftecting their livelihood, housing, and care/custody of dependents. Many people do not access the justice system because these problems are not always defined as justiciable, meaning that although the issue has consequences shaped by civil law, seeking legal assistance for the problem is not a common response.

Presently, if an individual in the U.S. is confronted with a civil legal problem and wishes to engage with the legal system, there are two choices: hire an attorney or go it alone. Many do not have the

resources to pay for legal representation and are thus faced with navigating the approximately two-hundred identified tasks that must be performed in a civil case. Perhaps we should take a page out of the Black Sash’s book and focus on front-line education of individuals about their rights, information gathering that aids in the accountability, transparency, and accessibility of the legal system, and general guidance on navigating the court, filling out and filing forms to help pro se litigants more effectively represent themselves.

Conclusion

I hope you have an experience that alters the course of your life because, after Africa, nothing has ever been the same.”

– Suzanne Evans

As we grow into our professions and become comfortable or indifferent with our own situation and surroundings, it is easy to lose sight of humanity and how the justice system truly impacts individuals every day. The work we do on behalf

of our clients and the way we treat them informs the way they will interact with the legal system in the future. For me, traveling and surveying other cultures and governments is a way to keep my thoughts fresh and to avoid becoming too complacent in my response when someone is dealing with a legal problem.

“Traveling – It leaves you speechless, then turns you into a storyteller.”

– Ibn Battuta

Special thanks to: Ohio University for all of the knowledge, incredible opportunities, and connections over the years; Larry Hayman and Haley Duschinski for your always present support and friendship—

I am eternally grateful to you both; the Ohio University Alumni Association and Laura Sowers for making this experience that much more special; Photo copyright Laura Sowers, 2024. Much gratitude and reverence to Mohamed Shafie Ameermia, National Director at ProBono.Org, and Candice Pillay, Social Impact and Pro Bono Director at Norton Rose Fullbright South Africa, who welcomed the Bobcat cohort and provided an experience we will never forget. To my fellow OU students who traveled with me to Ireland and South Africa, you give me hope for the future. Last but not least, thank you, Foxen, Kelli Stiles, and Jong Park for supporting me and allowing me to take the time away to have this incredible experience.

[1] Ohio University, Office of Global Opportunities, Northern Ireland: Human Rights, Law and Justice, https://www.ohio.edu/goglobal/programs/northernireland-human-rights-law-justice.

[2] Ohio University, Office of Global Opportunities, South Africa: Law, Justice, and Transitions to Democracy,

https://www ohio edu/goglobal/programs/southafrica-transitions-democracy

[3] South African Government, History, https://www gov za/about-sa/history

[4] Office of the Historian, The End of Apartheid, https://history state gov/milestones/19891992/apartheid

[5] This term is still used in South Africa and is not considered derogatory.

[6] Britannica, pass law, https://www.britannica.com/topic/pass-law.

[7] African National Congress, ANC History, https://www.anc1912.org.za/history.

[8] BBC News Services, South Africa Profile – Timeline (Dec. 19, 2022), https://www.bbc.com/news/worldafrica-14094918.

[9] African National Congress, ANC History, https://www.anc1912.org.za/history.

[10] BBC News Services, South Africa Profile –Timeline (Dec. 19, 2022), https://www.bbc.com/news/world-africa-14094918.

[11] Constitution Hill, Number Four, https://www.constitutionhill.org.za/sites/site-numberfour.

[12] Constitution Hill, The Constitutional Court, https://www.constitutionhill.org.za/sites/siteconstitutional-court.

[13] Bodiat, At South Africa’s Constitutional Court, a Democracy Brick by Brick, JSTOR Daily (Sept 29, 2021), available at https://daily jstor org/at-southafricas-constitutional-court-a-democracy-brick-bybrick

[14] Freedom Park Museum, About Us, https://www freedompark co za/about-us

[15] Dlala Nje, https://dlalanje org

[16] Smith, Johannesburg’s Ponte City: ‘The Tallest and Grandest Urban Slum in the World’–A History of Cities in 50 Buildings, Day 33, The Guardian (May 11, 2015), https://www.theguardian.com/cities/2015/may/11/joha nnesburgs-ponte-city-the-tallest-and-grandesturban-slum-in-the-world-a-history-of-cities-in-50buildings-day-33.

[17] Norton Rose Fulbright US LLP, https://www.nortonrosefulbright.com/en-us.

ArtificialIntelligence: PotentialOpportunities andObligations

By David M. Wilson

Artificial intelligence (AI) represents a paradigm shift in technological capability, offering transformative potential across sectors. This article acknowledges the excitement dominating many conversations on the topic and provides a summary of core potential obligations. By highlighting certain existing legal frameworks, emerging regulations and potential practical actions, this article aims to provide an abbreviated roadmap to help orient you to the complex landscape and enable efficient, effective decision-making.

Although the body of this article includes few details, end notes are included with additional comments and links to more information for the curious reader. Please remember that when developing internal controls, policies, and making decisions related to the use of AI, maintaining a balance between attention to detail and perspective is critical. The details matter, but overall perspective is always important and, in some circumstances, may matter more.

Generally speaking, with great opportunity comes great responsibility. In the landscape of AI obligations, some potential obligations may arise from existing legal frameworks and contractual obligations. Core obligations may be broadly categorized into federal and state frameworks, with additional considerations for global contexts.

TheCurrentLandscape

If something is illegal without AI, it remains illegal with AI. The involvement of AI does not make unlawful conduct lawful. Irrespective of whether a “Law of the Horse”[1] is warranted, existing laws and requirements continue to apply.

Federal Obligations Remain Applicable

In the United States, several agencies including the Consumer Financial Protection Bureau (CFPB), the Department of Justice (DOJ), the Equal Employment Opportunity Commission (EEOC), and Federal Trade Commission (FTC) — issued a joint statement on enforcement efforts clarifying that the agencies’

enforcement authorities apply to the use of automated systems, including those sometimes marketed as AI, just as they apply to other practices.[2]

The CFPB further explained through a published circular[3] that specific federal requirements apply regardless of the technology being used.

State Obligations Remain Applicable

The California and Oregon Attorneys General each recently published broad AI guidance focused generally on considerations related to the application of existing laws to the use of AI.[4] Both sets of guidance highlight the applicability of unfair and deceptive trade practices laws, privacy laws and other existing state laws.[5] The California Attorney General guidance includes a separate standalone advisory related to AI in healthcare.[6]

The New Jersey Attorney General also issued narrow guidance highlighting how the New Jersey Law Against Discrimination (LAD) applies to the use of AI and other advanced technologies, and it clarifies that intent to discriminate is not required

to violate existing law.[7]

As organizations work through the details of this and other guidance, it is important to regularly zoom out to avoid missing the forest for the trees, to reset and remember that not all AI tools cause algorithmic discrimination or violate the law. By way of example, the use of automated decision-making tools implicates “LAD only when that use results in unlawful discrimination.”[8]

The New York Department of Financial Services (NYDFS) issued an industry guidance letter clarifying how covered entities should address certain risks arising from AI.[9] The letter emphasizes the use of risk assessments and risk-based programs, policies, procedures and plans. It specifically references, among other measures, the recommended use of access controls, encryption, diligence and contractual protections.[10] The letter also outlines specific recommendations for organizations that develop or use AI or products that rely on AI. It is important to note that the letter also extends to covered entities that may

be at risk from AI-driven attacks, even if they do not develop or use AI or products that rely on AI.

Existing State Privacy Laws + AI

Nineteen states have enacted comprehensive privacy law, and many of them include core privacy requirements and additional specific requirements with respect to profiling and automated decision-making, along with prohibitions related to AIrelated discrimination.[11]

In general, if AI contains or could output personal information, organizations developing or using AI must comply with applicable state privacy laws, including by ensuring that the data collected is necessary and proportionate and that personal information is not processed for undisclosed or incompatible purposes.

Definitions vary, but “profiling” generally includes the automated processing of personal information to evaluate certain aspects related to a person, in particular to analyze or predict aspects concerning that person’s performance at work, economic situation, health, personal

preferences, interests, reliability, behavior, location or movements.[12]

As of the time of this writing (January 2025), the current version of the proposed regulations to the California Consumer Privacy Act clarifies that automated decision-making technology (ADMT) includes any technology that processes personal information and uses computation to execute a decision, replace human decision-making, or substantially facilitate human decision-making.[13]

The proposed regulations define the concept of substantially facilitating human decision-making and explain that certain technologies (such as a spreadsheet) are not necessarily ADMT but could be. Similarly, AI can be ADMT, but not all ADMT is AI.

Expanding on the example that spreadsheets can be ADMT, the proposed regulations specifically clarify that if a business uses a spreadsheet to run regression analysis on employees to determine certain characteristics, such as top performing managers, and then to find co-occurrences of those

characteristics among its more junior employees to identify which of them it will promote, then that is a use of ADMT.[14]

Among other requirements, such processing likely requires conducting a written risk assessment, including prescribed content prior to using the ADMT and providing pre-use notice including prescribed content, and may require implementing and making available certain operational measures and safeguards, including enabling a consumer to opt-out of certain uses of ADMT and access information about the use of ADMT.

TheFederalFuture

In 2024 the FTC announced a crackdown on deceptive AI claims and schemes and engaged in enforcement actions related to AI.[15] Andrew Ferguson, now the FTC Chairman, agreed with the appropriateness of conducting certain studies as “the sort of thing Congress has told us to do” and argued that such efforts are not a drain on FTC resources while also stating his view that the incredible volume of rulemaking

preceding the presidential election was a drain on FTC resources and misplaced focus.[16]

Chairman Ferguson’s statements on AI are further balanced and tempered with clarifications in both dissenting and concurring statements. For example, while he has indicated support for prohibiting organizations from selling non anonymized precise location data without meaningful informed consent or using data collected by others without verifying consent,[17] he has also stated that in all industries, “but especially evolving ones like artificial intelligence (AI), misguided enforcement can harm consumers by stifling innovation and competition.”[18]

EmergentStateAIEfforts

In 2024 more than 300 AI-related bills were introduced in U.S. states, with many being enacted, reflecting a patchwork of regulatory approaches. Some bills related to conducting government studies while others included prescriptive requirements. Many bills were narrowly focused on AI’s use in highly-regulated industries

or topics, like children and education or sensitive data and health, while other bills were more general in scope. Several bills, both narrowly focused and broad, included requirements related to conducting impact assessments and implementing other responsible use measures. Although most of the bills were not passed, more than 75 passed, and several were quickly revised and/or reintroduced when legislative sessions reopened in early January 2025.[19]

Taking a look at one of these bills, the Colorado AI Act was signed into law in 2024 and will be effective February 1, 2026.[20] Similar to the EU AI Act, which will be discussed below, the Colorado AI Act categorizes AI systems based on risk and prescribes specific affirmative obligations and restrictions based on the role of the organization. However, the roles, categories and obligations contained in the Colorado AI Act are not identical to those found in the EU AI Act. Further, unlike the Colorado Privacy Act and other state privacy

laws that apply with respect to personal data if covered entities meet certain threshold requirements, the Colorado AI Act does not require the use of personal data for applicability.

The Colorado AI Act applies to any person or entity that is a developer or deployer of high-risk AI, and certain obligations apply with respect to any consumer-facing AI system, irrespective of whether it is high-risk AI.[21] Among other concepts, duties to avoid algorithmic discrimination and obligations with respect to required documentation are placed on both developers and deployers.[22]

In other examples, an AI bill was passed in Illinois that, among other requirements, makes it a civil rights violation for an employer to fail to notify an applicant or employee that the employer is using AI for hiring, promotion or other employment purposes.[23]

After Colorado adopted governance and risk management framework requirements for life insurers’ use of algorithms and predictive models, the National Association of Insurance

Commissioners (NAIC) adopted a model bulletin on the use of AI by insurers.[24] As of the time of this writing, the NAIC model bulletin has been adopted, with various revisions, by more than a dozen states.[25]

The European Union and OtherJurisdictions

The European Union (EU) established itself as a global regulatory frontrunner through initiatives like the EU Artificial Intelligence Act (EU AI Act) , which entered into force August 1, 2024, with general provisions becoming applicable on February 2, 2025, and had additional phased requirements.[26]

The EU AI Act employs a risk-based approach with a taxonomy classifying AI systems[27] and related roles, specifying obligations for each risk category based on the organization’s role. It is important to note that the EU AI Act may apply to organizations based outside the EU.[28]

The EU’s General Data Protection Regulation (GDPR) intersects with the

EU AI Act by codifying certain rights related to automated processing, including the right not to be subject to certain decisions based solely on automated processing including profiling.[29] Like the EU AI Act, the GDPR may apply to organizations based outside the EU.[30]

Similar to several comprehensive U.S. state privacy laws and the GDPR, the privacy laws of other countries, like Brazil and the U.K., interact with AI. [31] The Personal Data Protection Commission of Singapore has also issued specific advisory guidelines on the use of personal data in AI recommendation and decision systems.[32] While jurisdictional idiosyncrasies persist, a convergence around core principles, notably fairness, accountability and transparency, is discernible.

With Great Opportunity ComesResponsibility

Artificial intelligence may be a transformative force capable of redefining organizational paradigms, but this potential is linked to

obligations that include detailed prescribed requirements. Certain organizations may be required to maintain prescriptive programs, policies, procedures, plans and related controls. However, even if an organization’s obligations do not reach such levels, the organization may still be required to ensure appropriate notice and disclosures are provided to individuals prior to interacting with AI, and written risk assessments containing prescribed content may be required.

Organizations may also be required to operationalize tools and processes to enable certain individuals to exercise rights related to AI potentially including the right to opt-out of certain AI uses and the right to access certain information related to the use of AI. Prescribed contractual clauses may be required with certain vendors and other AI parties.

1.

See generally Easterbrook, Cyberspace and the Law of the Horse, 1996 U Chi Legal F 207 (1996), available at https://chicagounbound uchicago edu/cgi/viewco ntent cgi?

referer=&httpsredir=1&article=2147&context=jour nal articles

2 See U S Federal Trade Commission, Joint Statement on Enforcement Efforts Against Discrimination and Bias in Automated Systems (Apr. 25, 2023), https://www.ftc.gov/system/files/ftc gov/pdf/EEOCCRT-FTC-CFPB-AI-Joint-Statement%28final%29.pdf.

3. See Consumer Financial Protection Bureau, Consumer Financial Protection Circular 2022-03: Adverse Action Notification Requirements in Connection with Credit Decisions Based on Complex Algorithms (May 26, 2022), https://www.consumerfinance.gov/compliance/circula rs/circular-2022-03-adverse-action-notificationrequirements-in-connection-with-credit-decisionsbased-on-complex-algorithms

See also Consumer Financial Protection Bureau, Supervisory Highlights: Advanced Technologies Special Edition (Jan 2025), https://files.consumerfinance.gov/f/documents/cfpb supervisory-highlights-advanced-technologies 202501.pdf.

4. See U.S. Department of Justice, Guidance from Attorney General Ellen Rosenblum (Dec. 24, 2024), https://www.doj.state.or.us/wpcontent/uploads/2024/12/AI-Guidance-12-24-24.pdf; State of California Department of Justice, Attorney General Bonta Issues Legal Advisories on the Application of California Law to AI (Jan. 13, 2025), https://oag.ca.gov/news/press-releases/attorneygeneral-bonta-issues-legal-advisories-applicationcalifornia-law-ai

5 See generally id

6 See State of California Department of Justice, California Attorney General’s Legal Advisory on the Application of Existing California Law to Artificial Intelligence in Healthcare (Jan. 13, 2025), https://oag.ca.gov/system/files/attachments/pressdocs/Final%20Legal%20Advisory%20%20Application%20of%20Existing%20CA%20Laws%2 0to%20Artificial%20Intelligence%20in%20Healthcare. pdf.

7. See New Jersey Office of the Attorney General, Guidance on Algorithmic Discrimination and the New Jersey Law Against Discrimination (Jan. 2025),

2025-0108 DCR-Guidance-on-AlgorithmicDiscrimination.pdf. Like the broad California and Oregon guidance, this narrow New Jersey guidance contemplates conducting pre- and post-deployment audits and impact assessments aimed at identifying and mitigating disparate treatment and disparate impact arising from the use of automated decisionmaking tools and other AI.

8. See id.

9. See New York State Department of Financial Services, Industry Letter Re: Cybersecurity Risks Arising from Artificial Intelligence and Strategies to Combat Related Risks (Oct. 16, 2024), https://www.dfs.ny.gov/industry-guidance/industryletters/il20241016-cyber-risks-ai-and-strategiescombat-related-risks.

10. See generally id.

11. See International Association of Privacy Professionals, Comprehensive Consumer Privacy Bills State Privacy Law Chart (accessed, Jan. 30, 2025), https://iapp.org/resources/article/us-state-privacylegislation-tracker/#state-privacy-law-chart.

Although Ohio has passed a few sector-specific privacy laws, as of the writing of this article Ohio has not passed a comprehensive consumer privacy bill.

12. See, e.g., California Consumer Privacy Act of 2018, § 1798.140(z), available at https://leginfo.legislature.ca.gov/faces/codes display Text.xhtml?

division=3.&part=4.&lawCode=CIV&title=1.81.5; Colo. Rev. Stat. § 6-1-1303 (20), available at https://coag.gov/app/uploads/2022/01/SB-21-190CPA Final.pdf.

13. See § 7001(f) of Proposed Regulations to California Consumer Privacy Act of 2018, proposed Jan. 14, 2025, https://cppa.ca.gov/regulations/pdf/ccpa updates cy ber risk admt ins text.pdf.

14. See id.

15. See Federal Trade Commission, FTC Announces Crackdown on Deceptive AI Claims and Schemes (Sept. 25, 2024), https://www.ftc.gov/newsevents/news/press-releases/2024/09/ftcannounces-crackdown-deceptive-ai-claimsschemes

16 See Federal Trade Commission, Concurring Statement of Commissioner Andrew N Ferguson Regarding Surveillance Pricing Intermediaries (July 23, 2024), https://www.ftc.gov/legallibrary/browse/cases-proceedings/publicstatements/concurring-statement-commissionerandrew-n-ferguson-regarding-surveillance-pricingintermediaries.

17. See Federal Trade Commission, Concurring and Dissenting Statement of Commissioner Andrew N. Ferguson In re Gravy Analytics, Inc. & In re Mobilewalla, Inc. Matter Numbers 2123035 & 2023196 (Dec 3, 2024), https://www ftc gov/system/files/ftc gov/pdf/gravymobilewalla-ferguson-concurrence pdf

18 See Federal Trade Commission, Dissenting Statement of Commissioner Melissa Holyoak Joined by Commissioner Andrew N Ferguson In re Rytr, LLC; Matter No 2323052 (Sept. 25, 2024), https://www.ftc.gov/system/files/ftc gov/pdf/holyoak -rytr-statement.pdf.

19. This article was written in early January 2025 and does not contemplate developments in 2025.

20. See Colorado General Assembly, SB24-205 Consumer Protections for Artificial Intelligence (codified at Colo. Rev. Stat. § 6-1-1701 et seq.), https://leg.colorado.gov/bills/sb24-205.

21. See generally id.

22. See Colo. Rev. Stat. § 6-1-1702, § 6-1-1703, https://leg colorado gov/sites/default/files/2024a 20 5 signed pdf

23 See Illinois General Assembly, Public Act 1030804, H B 3773 Enrolled (Aug 9, 2024), https://www ilga gov/legislation/publicacts/fulltext as p?Name=103-0804

24. See Colorado Secretary of State, Department of Regulatory Agencies, Division of Insurance, Regulation 10-1-1 (Nov. 13, 2023), https://www.sos.state.co.us/CCR/GenerateRulePdf.d o?ruleVersionId=11153&fileName=3%20CCR%2070210; National Association of Insurance Commissioners, NAIC Model Bulletin: Use of Artificial Intelligence Systems by Insurers (Dec. 4, 2023),

https://content naic org/sites/default/files/inlinefiles/2023-124%20Model%20Bulletin Adopted 0.pdf.

23. See Illinois General Assembly, Public Act 1030804, H.B. 3773 Enrolled (Aug. 9, 2024), https://www.ilga.gov/legislation/publicacts/fulltext.as p?Name=103-0804.

24. See Colorado Secretary of State, Department of Regulatory Agencies, Division of Insurance, Regulation 10-1-1 (Nov. 13, 2023), https://www.sos.state.co.us/CCR/GenerateRulePdf.d o?ruleVersionId=11153&fileName=3%20CCR%2070210; National Association of Insurance Commissioners, NAIC Model Bulletin: Use of Artificial Intelligence Systems by Insurers (Dec 4, 2023), https://content naic org/sites/default/files/inlinefiles/2023-124%20Model%20Bulletin Adopted 0 pdf

25. See National Association of Insurance Commissioners, Implementation of NAIC Model Bulletin: Use of Artificial Intelligence Systems by Insurers (Jan. 3, 2025), https://content.naic.org/sites/default/files/cmte-hbig-data-artificial-intelligence-wg-ai-modelbulletin.pdf.pdf.

26. See generally Official Journal of the European Union, Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 Laying Down Harmonised Rules on Artificial Intelligence and Amending Regulations (EC) No 300/2008, (EU) No 167/2013, (EU) No 168/2013, (EU) 2018/858, (EU) 2018/1139 and (EU) 2019/2144 and Directives 2014/90/EU, (EU) 2016/797 and (EU) 2020/1828 (Artificial Intelligence Act), Art 2 (1)(a), https://eur-lex europa eu/legalcontent/EN/TXT/HTML/?uri=OJ:L 202401689.

27. Id.

28. Id. Although other potential roles exist, provider and deployer roles and related obligations are often analyzed in depth by many organizations. At a high level, an organization is considered a deployer if it uses an AI system (except for personal nonprofessional activity).

An organization that develops an AI system or general-purpose AI model and puts the system into service under its own name or trademark is generally considered a provider It is important to note that an organization may become a provider, even if it did not develop the system or model, if the organization: (i) makes substantial modifications to it, (ii) modifies the intended purpose making it a high-risk system, or (iii) places its name or trademark on it

29. European Union, Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation), Art. 22, https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng.

See also European Data Protection Board, Opinion 28/2024 on Certain Data Protection Aspects Related to the Processing of Personal Data in the Context of AI Models (Dec. 17, 2024), https://www edpb europa eu/our-work-tools/ourdocuments/opinion-board-art-64/opinion-282024certain-data-protection-aspects en

30 European Union, Regulation (EU) 2016/679 of the European Parliament and the Council of 27 April 2016 on the Protection of Natural Persons with Regard to the Processing of Personal Data and on the Free Movement of Such Data, and Repealing Directive 95/46/EC (General Data Protection Regulation), Art. 3, https://eur-lex.europa.eu/eli/reg/2016/679/oj/eng.

31. See Brazilian General Data Protection Law (LGPD), Federal Law no. 13,709/2018; legislation.gov.uk, Regulation (EU) 2016/679 of the European Parliament and of the Council, https://www legislation gov uk/eur/2016/679/content s and Data Protection Act 2018, https://www legislation gov uk/ukpga/2018/12/conten ts/enacted

32 See Personal Data Protection Commission Singapore, Advisory Guidelines on Use of Personal Data in AI Recommendation and Decision Systems, https://www.pdpc.gov.sg/guidelines-andconsultation/2024/02/advisory-guidelines-on-use-ofpersonal-data-in-ai-recommendation-and-decisionsystems.

David Wilson Kegler Brown Hill + Ritter dwilson@keglerbrown.com

AdvancingTechnologyand GrowingRisk:ThePrivacy ConcernsofArtificialIntelligence

By Gregory A. Tapocsi

Artificial intelligence (“AI”) is an umbrella term for technologies that perform tasks normally requiring human intellect and problem-solving capabilities, such as recognizing patterns, learning from experience, drawing conclusions, making predictions, and so on. AI includes everything from virtual assistants like Siri and Alexa to robotic vacuum

cleaners and self-driving cars. The growth of such technologies is nothing short of explosive with some industry leaders predicting that AI could contribute up to $15.7 trillion to the global economy by 2030, which is more than the current gross domestic products of China and India combined.[1]

However, as the use of AI continues to expand, these technologies may also cause significant privacy risks that could lead to sensitive personal information being compromised. First, AI tools require prodigious quantities of data to operate. AI developers are able to collect datasets from a variety of public and non-public sources, such as Internet search histories, website visits, geolocations from smart devices, social media, news articles, or consumer transactions. Due to the vast amount of data that is needed to train AI algorithms, technology companies are facing a massive demand to gather, share, and stockpile personal and non-personally identifiable information for longer time periods. Inevitably, data obtained from these resources could contain sensitive information. Since more sensitive data is being stored and reviewed than any time in history, there is a greater risk that some of this sensitive data will be exposed or utilized in manners that infringe on the privacy rights of individuals.

Second, developers may obtain data for purposes of training AI tools without the consent or awareness of the individuals from whom such data is being collected. As website users have started to expect more control over their personal information and additional clarity about data collection practices, developers have started to face a negative backlash when data is used to train AI tools without the consent of individuals to whom the information belongs. One example is the business networking website LinkedIn, whose default user settings allow the company to gather user data to train AI tools.[2] Yet, even when individuals consent to the collection and use of their data, privacy concerns arise if the information is utilized for reasons beyond those that were described in the individuals’ initial consent. Indeed, many AI tools do not plainly define how personal data is being processed, and to make matters worse, complex data use policies are often hard to understand as a result of difficult legal jargon.

Third, AI tools contain stockpiles of sensitive information that can serve as targets for cybercriminals. Not only is such information ripe for data theft, but also the information can be used to develop directed phishing attacks for purposes of fraud or identity theft. Even more, cybercriminals have already utilized AI voice-cloning technology to threaten and extort victims over the phone.

Finally, AI tools may demonstrate bias if the data on which the tool is trained contains bias itself. If the training data is biased, then the AI tool will in turn be biased, which could result in discrimination or prejudice. Moreover, the design model of the AI tool may be biased due to the conclusions of the developers designing the tool, which results in the tool preferring particular conclusions.

nonbinding “Blueprint for an AI Bill of Rights” in 2022 that outlined five principles to guide the development of AI in the public and private sectors, such as data privacy and notice/explanations.[3] Further, the Biden administration issued an Executive Order (“EO”) on Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence in October 2023.[4] President Biden’s EO directed the Office of Management and Budget (“OMB”) to evaluate use of commercially available information for purposes outside national security and consider mitigating any related privacy risks.[5] President Biden’s EO also directed OMB to gather stakeholder feedback regarding updates to guidance for government agencies in performing privacy impact assessments to reduce AI-related privacy risks.[6]

In regard to the federal government’s approach to these privacy risks, there is no all-inclusive legislation regulating the development and use of AI tools. The Biden administration released a

However, President Trump handed down his own EO shortly after taking office in January that revoked the EO issued by the Biden administration, stating that President Biden’s EO

“hampered the private sector’s ability to innovate in AI by imposing government control over AI development and deployment.”[7]

President Trump’s EO calls “for departments and agencies to revise or rescind all policies, directives, regulations, orders, and other actions taken under the Biden AI order that are inconsistent with enhancing America’s leadership in AI.”[8]

President Trump’s EO also calls for “the development of an AI Action Plan. . . led by the Assistant to the President for Science & Technology, the White House AI & Crypto Czar, and the National Security Advisor”[9] within 180 days.

With President Trump’s EO seemingly confirming that the federal government will not be legislating the development of AI, several states and local municipalities have implemented or introduced a growing patchwork of laws regulating the use of AI systems. These laws generally focus on three topics: algorithmic discrimination, automated decision-making tools, and so-called “AI Bills of Rights.” In regard to algorithmic discrimination, the term

is generally broadly defined as an AI tool’s differential treatment of an individual or group based on their protected class. These laws place the burden on AI developers and businesses utilizing AI to ensure that the technologies do not create discriminatory outcomes in the consumer and employment contexts.

Meanwhile, automated employment decision tools (“AEDTs”) are AI technologies utilized by employers in making decisions about hiring, firing, compensation, and promotion. Legislation related to AEDTs generally require employers to give prior notice to and gain consent from applicants and employees that may be subject to AEDTs, describe the credentials and features that are assessed by AI, and require that regular bias audits be performed.

Lastly, while AI Bills of Rights overlap in varying ways with legislation related to algorithmic discrimination and AEDTs, these proposed laws would give individuals rights, such as the right to know when they are

interacting with AI tools, the right to not be discriminated against by AI tools, the right to know that their information is being used to train AI tools, and the right to control their personal information.

In conclusion, the growth of AI shows no signs of slowing down in the future. In conjunction with such growth, the risks to personal privacy also continue to be at the forefront as AI becomes a greater part of our daily lives. While the federal government does not appear likely to intervene and legislate the development of AI in some form or fashion, it seems probable that AI-related legislation will continue to proliferate at the state and local level. In what form or fashion is a great unknown, but as perhaps stated in one of the most well-known examples of AI technology — the Skynet machine learning system in the Terminator movie franchise “[t]he future has not been written,” and we can only imagine what an AI-infused future will hold.

1 Sizing the Prize: What’s the Real Value of AI for Your Business and How Can You Capitalise?, PwC, https://wwwpwccom/gx/en/issues/artificialintelligence/publications/artificial-intelligencestudyhtml

2 Velazco, LinkedIn Is Training AI on You–Unless You Opt Out with This Setting (Sept 23, 2024), https://wwwwashingtonpostcom/technology/2024/09 /23/linkedin-training-ai-setting-opt-out

3 Blueprint for an AI Bill of Rights: Making Automated Systems Work for the American People, The White House, available at https://bidenwhitehousearchivesgov/ostp/ai-bill-ofrights

4 Fact Sheet: President Biden Issues Executive Order onSafe,Secure,andTrustworthyArtificialIntelligence, The White House (Oct 30, 2023), available at https://bidenwhitehousearchivesgov/briefingroom/statements-releases/2023/10/30/fact-sheetpresident-biden-issues-executive-order-on-safesecure-and-trustworthy-artificial-intelligence

5 Id

6 Id

7 FactSheet:PresidentDonaldJ TrumpTakesAction to Enhance America’s AI Leadership, The White House (Jan 23, 2025), https://wwwwhitehousegov/factsheets/2025/01/fact-sheet-president-donald-j-trumptakes-action-to-enhance-americas-ai-leadership

8 Id

9 Id

Gregory A Tapocsi Dinsmore & Shohl, LLP gregory tapocsi@dinsmore com

FromKeywordtoContext:

CraftingLegalAIPrompts forBetterResults

By Jennifer Wondracek

According to the 2024 Clio Tech Trends report, “Seventy-nine percent of legal professionals have adopted AI in some way, and one in four use it widely or universally in their law firms.”[1] Despite these claims, many lawyers still ask, “How do I use it?” often with a hint of intimidation. Remember that AI, in various forms, has been around for decades. Once you begin asking a few guiding questions and clarifying your objectives, you’ll find yourself comfortably “prompting” AI to assist you.

engine has always relied on AI, and Lexis integrated it into its search algorithms in the 1990s. However, a newer branch of AI, known as Generative AI (GenAI), has captured public attention by creating novel content based on user prompts and probability. GenAI burst into the mainstream on November 30, 2022, when OpenAI released ChatGPT.[2] This chatbot generates full, interactive conversations, rather than just predictive text suggestions in our emails and text messages.

Many of us have relied on AI for years without realizing it: Google’s search

Since then, many GenAI tools[3] have been released, including Claude,

LLaMA, Copilot and Gemini. Daily tools like Microsoft Office, Google Workspace and legal research databases began integrating GenAI into existing products. Legal-specific GenAI products also expanded at an astonishing rate. Well-known companies like LexisNexis, Thomson Reuters (Westlaw) and vLex/Fastcase introduced GenAI research and drafting tools. Newer companies[4] including Harvey, AI.Law, and Spellbook — offer tools like contract review, specialized drafting and even practice-specific products such as Visalaw.AI’s GEN for immigration law. With so many options available, moving forward with one can feel like a Herculean effort. Asking a few questions will get you started.

Question 1: What task(s) do

youwanttocomplete?

Legal-specific GenAI can assist with an extensive range of tasks, including research, litigation drafting, eDiscovery, litigation organization, transactional document drafting, case management, IP management, finance

and billing. Meanwhile, general GenAI tools may better handle office tasks like creating social media posts, performing accounting or generating web content. The key is to recognize that no single tool can handle every task perfectly. You may need more than one AI platform to meet various needs.

Question 2: Does the tool contain the information you needtocompletethetask(s)?

GenAI products typically have a base layer of training data, often created by bots scraping content from millions of websites. The exact details of this training data are usually confidential. In 2023, the Washington Post covered Google’s Colossal Clean Crawled Corpus (C4) data set, which includes more than 15 million webpages an impressive number but still incomplete and lacking expert-vetted materials. [5] Thus, many GenAI products incorporate a second data layer using retrieval-augmented generation (RAG). In a legal context, RAG may

Additionally, RAG can reduce though not eliminate—"hallucinations,” which are fabricated or inaccurate information. Because GenAI relies on statistical patterns to predict the most likely next words, it sometimes invents citations or facts. By adding highquality, vetted sources via RAG, the likelihood of these hallucinations decreases. That said, no product can guarantee a completely error-free experience, so you should always verify an AI’s results.

Question 3:

Does the tool comply with a lawyer’s ethical requirements?

Lawyers have a duty to protect their client data[6] and securely manage work product.[7] Many GenAI tools use user input to improve their products, which can release prompts to third parties and breach client confidentiality. It is, therefore, vital to read the terms of service (ToS) before you enter confidential or proprietary information into a product. Clauses you may need to review include:

Accuracy of output

Use of user inputs

Ownership and use of outputs (AIgenerated work)

Abuse clauses that allow the company to review inputs for ToS compliance

Any other contractual terms that are incorporated by reference

You may need to revisit the ToS when they are updated or when new products or features appear. If you cannot accept certain terms, as is often the case with individual accounts, see if the platform offers enterprise accounts that permit negotiation or customization. Many legal-specific GenAI products already include primary law, forms, checklists, government guidance, and/or expertwritten secondary sources. This additional layer can vastly improve accuracy. Nonetheless, the tool might lack certain information, such as proprietary treatises or older law. Always ask what types of materials are included. Knowing the scope of the RAG will also help you draft prompts appropriate to the data available rather than receiving incorrect responses because the information is missing.

cater to attorney ethical obligations by not sharing inputs or outputs and restricting employee access.

Buildinganeffectiveprompt

Once you find a product that meets your needs, the next step is to create a strong prompt. Prompts can be:

Output format (memo, email, tweet, etc.)

AI persona/role (defense attorney, prosecutor, legal scholar)

Purpose/Reason for the request

Issue (give full details facts, legal questions, jurisdiction)

Revisions/Follow-up prompts to refine or expand the request

2.

1. Open You have a blank text box and can write anything with little guidance offered.

3.

Guided — The system walks you through questions or fields, building its own prompt from your answers.

Hybrid You are provided with some guidance, such as a jurisdiction selection field, otherwise you have the blank text box of the open prompt.

Guided prompts need little user planning because the system itself prompts you step by step. Open and hybrid prompts, however, require clarity. In general, a good legal prompt includes:

·Tone of the output (professional, conversational, etc.)

Tone generally refers to both reading level and formality. Most GenAI products adopt a conversational tone, whereas the legal-specific GenAI products usually default to a professional tone. Also, specify the type of output you need a client letter differs significantly from a motion. Providing sample language helps the AI learn your preferred style.

GenAI products are not Google or traditional keyword searches. They require more context for high-quality results. Assigning a role helps identify the subject and material that the GenAI should review. Similarly, stating the purpose or reason for your output clarifies how detailed and accurate the result must be and may influence recommended arguments.

Your issue should include facts and not just legal theory. For instance, “liability for animal-caused injury” is vague. A full prompt for this issue might look like this:

Draft a legal memo regarding the liability of our client, James Smith, who is being sued for an August 9, 2024, incident. His neighbor’s 9year-old child, Jane, kicked a soccer ball into his yard. When Jane entered Smith’s yard to retrieve the ball, his chihuahua ran and barked at her. Jane struck out at the dog, and the dog bit her. Jane’s parents, John and Julie Doe, are suing for Jane’s medical expenses. Mr. Smith wants to know if he is liable for Jane’s injuries under Ohio law.

This level of specificity helps the AI locate and analyze relevant law, suggest arguments and identify defenses. After running the prompt, you may ask follow-up questions or request revisions. For instance, if the prompt analyzes civil instead of criminal trespass, you may prompt the AI to revise or extend the memo to include criminal trespass. This iterative approach is one of GenAI’s strengths.

You could also use follow-up questions to draft a client letter explaining liability, draft interrogatories or prepare for a deposition for this case.

GenAI is used for a wide variety of tasks in the legal field, and new use cases are being created regularly. As you explore these tools, keep asking, “What if the technology could do…?” You may discover a time-saving or cost-effective approach that has not occurred to you before. AI might not replace human judgment, but it can free up time for higher-level thinking and client service. With proper oversight and creativity, GenAI tools may become some of the most valuable in your practice.

1. Clio, Legal Trends Report 9 (2024), available at https://www.clio.com/resources/legal-trends/2024report.

2. Edwards, ChatGPT Is One Year Old. Here’s How It Changed the Tech World, Ars Technica (Nov. 30, 2023), https://arstechnica.com/informationtechnology/2023/11/chatgpt-was-the-spark-that-litthe-fire-under-generative-ai-one-year-ago-today.

3. The website There’s an AI for That is currently tracking 29,709 AI tools There’s an AI for That https://theresanaiforthat com (last visited Feb 7, 2024)

4. To explore other up and coming companies, see Legal Tech Fund, Early-Stage LegalTech Generative AI Landscape Map: Law Firm Focus (June 2024), https://i0.wp.com/www.legalcomplex.com/wpcontent/uploads/2024/06/Legaltech-Generative-AIMarket-Map-Law-Firm.jpg and Early-Stage LegalTech Generative AI Landscape Map: Corporate Focus (June 2024), https://i0 wp com/www legalcomplex com/wpcontent/uploads/2024/06/Legaltech-Generative-AIMarket-Map-GC jpg

5 Schaul, et al , Inside the Secret List of Websites That Make AI Like ChatGPT Sound Smart, Washington Post (Apr 19, 2023), available at https://www washingtonpost com/technology/interacti ve/2023/ai-chatbot-learning.

6. Prof.Cond.R. 1.6.

7. Civ.R. 26(B)(4).

Jennifer Wondracek Capital University Law School jwondracek@law.capital.edu

ArtificialIntelligencein PrivatePractice

By Matthew J. Schonauer

When conducting background research for this article, I called on the Copilot[1] chat product to find support for the stereotypical proposition that the legal industry is slower to adopt new technology than its corporate clients. I was presented with statistical figures illustrating a legal industry lagging in personal computer adoption rates by several years. However, the sources cited in the output simply discussed a general lag in adoption rates and the trends driving those rates; they did not support the statistical figures at all. When pressed about this, the Copilot instance acknowledged that it could not find readily available and specific adoption rates.

While this experience directly highlights the dangers of complete GAI reliance, it also exhibits an impressive set of features: near instantaneous search results from credible sources, accurate source summarization and relevant comparative analysis between the documents. Because of the immense breadth of tools being created in the AI space, this article simply attempts to lay the groundwork for further research by the reader and provide guidance on implementing AI tools in private practice.

Framing the Integration Question

A recent Thomson Reuters survey highlights a notable disparity between the focus on AI by corporate clients and its adoption within the legal industry and provides some confirmation of the stereotype.[2] Corporate clients are increasingly prioritizing AI to enhance efficiency and drive innovation — expecting their legal service providers to keep pace with these technological advancements. However, the legal industry has been slower to adopt AI, often due to concerns about ethical implications,

data privacy and the need for substantial investment in new technologies. This gap underscores the importance for law firms to accelerate adoption to meet client expectations, remain competitive and avoid hidden risks. Thoughtful AI deployment has the potential to significantly impact the financial performance of a law firm. For those making implementation decisions in private practice settings, it is useful to consider this potential first through the lens of productivity. Productivity improvement generally underpins the promise at the core of investment growth in the AI sector.[3] Productivity gains can drive profit margin improvements through cost reductions, short-term revenue growth without proportional cost increases, and longterm revenue growth through competitive advantage.

First, AI-driven automation of a firm's internal processes including not only those unique to the private practice environment but also routine business management tasks — can improve profitability by lowering administrative

costs, for instance.[4] These costs may be in the form of reductions in staffing demands or attorney non-billable time. The strategic allocation of these cost savings is paramount to the ultimate success of any AI implementation and will often be shaped by the characteristics of the individual firm.

Separate and apart from the expected cost reduction benefits is the promise that AI tools can be used substantively in the delivery of services in a number of industries. The reader has undoubtedly encountered new tools tailored to specific legal tasks, such as legal research, document drafting and discovery data analysis, to name a few. It is important to note that this category of tool is not the only AI system available to law firms — and in many cases may be placed lower on the priority list than more mundane operational applications depending on perceived impact. Finally, the third general category of inputs to consider and arguably the most important is client expectation. Present experience shows that corporate clients are thinking about this

issue a great deal but reaction and needs have been mixed.[5] Some clients demand the sequestration of their data from AI tools while others require the use of AI tools to drive work productivity. Where a particular client falls on that spectrum is dictated by a variety of factors, but three primary client concerns appear heavily weighted in the analysis: (1) accuracy in the results; (2) confidentiality of the client's data; and (3) cost. These concerns should be reflected in the questions being asked of any vendors when evaluating the potential for any AI systems in your law firm.

Evaluation and Deployment

With this broad framework in mind, firms should continue to look to industry standard practices when evaluating any new software tools, whether or not the tool includes AI features. Security, compliance and vendor reputation are even more important in the law firm setting because of the sensitive nature of client data and our ethical obligations of confidentiality. Thus, firms must understand the relationship between

firm and client data and the tool being evaluated.

Where size permits, it is useful to rely on committees staffed with broad expertise to assist in needs and objectives planning, tool evaluation, constructing policies related to use of those tools by employees, and negotiating contracts with the potential vendors. This is also very helpful in identifying discrete tasks that can be investigated for productivity improvements. Where this is not practicable, consider relying on large incumbent vendor products, as these will be more likely to be offered with an understanding of a law firm's confidentiality needs and are often constructed for mass appeal. Otherwise, it may also be advisable to consider the services of technical consultants to ensure that use of a particular AI product will meet client and ethical standards.

weekly users, and two out of five Americans reported weekly use of a GAI tool for work or personal purposes. [6] Failing to provide safe AI tools to employees may simply encourage data leakage through personal devices for those that are already accustomed to using these tools in their daily lives. At some point, not having an AI solution available to employees will be akin to not providing a phone or computer.

Hidden risks also lurk in the decision to take the wait-and-see approach for those firms having employees. Consider the fact that one provider alone has reported over 300 million

Formally, the American Bar Association recently provided crucial ethical guidance on the use of GAI tools in legal practice. The opinion emphasizes that lawyers must understand the benefits and risks of GAI ensuring they provide competent representation by reviewing AI-generated outputs for accuracy. The guidance also highlights the importance of protecting client confidentiality when using these tools and informing clients about their use, especially for significant case decisions. Additionally, the opinion addresses the reasonableness of fees for time spent using GAI tools and underscores the need for senior lawyers to supervise the use of these technologies by subordinates to ensure compliance with ethical standards.

Overall, the ABA's guidance underscores the necessity for lawyers to balance the innovative advantages of AI with their professional and ethical obligations, ensuring that the integration of AI in legal practice aligns with established ethical norms. For at least the foreseeable future in the legal industry, it is predictable that AI technology will broadly follow our adoption of other technologies wherein enterprise implementations of AI products that protect law firm and client data will make up the middle of the bell curve. Regardless of the source, however, firms should carefully consider any AI products for issues related to data disclosure, ownership and use.

but also substantial benefits from increased productivity. These risks need to be weighed against the potential benefits of being a first-adopter.

1. A GAI (General Artificial Intelligence) chat tool.

2. Warren, Josten & Nagy, Navigating the Future: The Impact of GenAI on the Legal Profession, Webinar (Feb. 2025).

3. Filippucci, et al., The Impact of Artificial Intelligence on Productivity, Distribution and Growth: Key Mechanisms, Initial Evidence and Policy Challenges, OECD Artificial Intelligence Papers (Apr 16, 2024), available at https://doi org/10 1787/8d900037-en; Mayer, et al , Superagency in the Workplace: Empowering People to Unlock AI’s Full Potential, McKinsey Digital (2025), available at http://bit ly/4k0O66o

4 There are tools for finance, accounting, marketing, business intelligence, and intake processing, to name a scant few

5. Thomson Reuters, Future of Professionals Report: AI-Powered Technology & the Forces Shaping Professional Work (July 2024), available at https://bit.ly/3ECnCYy.

In short, the long-term potential of AI is immense, but short-term returns are still unclear in some cases.[7] While immediate adoption may not be required, it will eventually be necessary and does require firms to consider internal AI policies, at the very least, to protect client data. Early adopters are bound to run into not only ineffective investments into AI tools that cannot deliver the promised productivity gains,

6. Bick, Blandin & Deming, The Rapid Adoption of Generative AI, National Bureau of Economic Research (NERB) Working Paper Series (Sep. 2024, revised Feb. 2025), available at http://www.nber.org/papers/w32966.

7. Mayer, et al., Superagency in the Workplace: Empowering People to Unlock AI’s Full Potential, McKinsey Digital (2025), available at http://bit.ly/4k0O66o.

AIGovernance–PracticalAdvicefor Companiesin Developingand ImplementingAI UsePolicies

By Kristopher J. Chandler

Crafting an AI Governance policy best suited for your business requires careful consideration of the types of AI, how AI will be used, current and future legislation, and a group of individuals specifically designated to oversee implementation of AI. Because of the significant developments in AI legislation in 2024, the ongoing efforts to reform existing laws to adapt to AI

development and deployment, and the new legislative initiatives designed to address AI in 2025, it is becoming increasingly important for businesses to develop comprehensive and effective AI Governance policies that can accomplish legal compliance requirements and evolve with an increasingly volatile legal landscape.

With rapid advancements and new uses continuing in the realm of artificial intelligence (“AI”), all types of businesses are looking to find ways to utilize this technology as a powerful tool for increasing effectiveness and efficiency.

As a result, the need for comprehensive corporate policies governing the use of AI systems (“AI Governance policies”) within a business and mitigating risks associated with AI systems is becoming an increasingly important consideration for business leaders looking to stay ahead of the trend.

In crafting an AI Governance policy, each organization will need to balance the risks and benefits associated with use of AI and consider the specific challenges and opportunities it faces. Nonetheless, there are general considerations that every business should factor in when taking the next step toward AI Governance.

Defining Artificial Intelligence

An AI Governance policy will need to consider the different types of AI that a business may utilize. For example, an AI

Governance policy covering use of a generative AI system should include provisions addressing humaninvolvement and supervision than a policy covering use of an algorithmic AI system.

Understanding the particular use case or goal for why the AI is deployed (the “use case”) is often step one when determining effective AI governance. The level of scrutiny and oversight for AI systems that are used for internal purposes will be different than what is needed for customerfacing AI systems.

The type of AI systems and use cases will also vary depending on what industry a business is in, impacting what goes into a comprehensive AI Governance policy. For example, healthcare companies using AI to organize or analyze patient health information will need to consider including provisions based on HIPAA requirements, and financial institutions must be mindful of how their use of AI may impact their compliance with Gramm-Leach-Bliley obligations, whereas unregulated businesses may not be faced with such concerns.

Risks to Consider and Address in an Effective AI Governance Policy

5. Ethical Use: Consider the ethical implications of using AI, especially in sensitive areas like healthcare or law enforcement. As a business starts to adopt the use of AI systems within its organization, there are critical risks that must be considered and addressed to ensure the efficient, effective and safe deployment of artificial intelligence. These key areas to navigate are:

1. Privacy: Understanding how your data is collected, stored and used is crucial.

2. Bias and Fairness: AI models can inherit biases from their training data, leading to unfair or discriminatory outcomes.

3. Transparency: Knowing how an AI tool makes its decisions can be difficult. Where possible, transparency about models and decision-making processes should be uncovered and proper diligence should be conducted before deploying an AI tool within an organization.

4. Security: Ensure that the AI tool has robust security measures to protect against data breaches and cyber threats.

6. Legal Compliance: Be aware of the legal regulations regarding AI use to ensure compliance.

7. Human Oversight: Maintain a level of human oversight over AI decisionmaking.

Improve Upon Current Technology Governance Policies

While crafting new policies explicitly covering the use of AI systems is important for any business as the technology continues to grow in importance, a business may be able to leverage current policies covering use of different technologies as a basis for how to govern its use of AI systems.

Revising and updating existing IT policies and procedures in a business to cover the AI lifecycle (e.g., development, deployment and ongoing monitoring of AI systems) can be an

effective mechanism for developing early guidelines to implement AI systems within an organization.

Understand How Current and New Legislation Impacts AI

While most AI legislation currently in force focuses on consumer protection, businesses in highly regulated industries, such as healthcare, telecommunications and financial services, or who engage in highly regulated activities must evaluate how existing regulations may impact use of an AI system — even if the regulation is silent as to AI.

For example, a business that processes a significant amount of personal or sensitive data will need to ensure that its use of AI systems complies with applicable data protection regulations, such as the General Data Protection Regulation of the European Union (GDPR). This can include applying robust data security measures to an AI system using a recognized data security framework, obtaining proper consent before processing personal data in an AI training set, and using data anonymization or other privacy

enhancing measures to protect personal data in AI models.

In addition to reviewing existing legislation and regulation, businesses should stay up to date on new legislation, case law and evolving industry standards to avoid falling behind or out of compliance. Joining working and industry groups, engaging with legal counsel and consultants or even subscribing to newsletters with important AI updates can give businesses an edge in remaining compliant with AI regulations as they come into force.

From passage of the historic EU AI Act to the launch of the NIST AI Risk Framework, 2024 saw a virtual avalanche of AI-related laws, regulations and best practices aimed at requiring organizations to understand and manage the risks posed by AI systems. 2025 is speculated to be an even more active year for AI-regulated regulation and businesses will need to be ready to adapt their governance procedures to compliance obligations, all while juggling best practices and business optimization.

Create an AI Governance Body within the Business

While most corporate policies are reviewed on an annual basis, an AI Governance policy will require more frequent oversight and adaptation because the technology is constantly changing. Businesses should designate a multi-disciplinary group of individuals from various departments within the organization to continuously review, update and implement an AI Governance policy. Many AI governance bodies are comprised of stakeholders from information technology, human resources and legal departments.

Consider Vendor Risk Management Issues

Not only should an AI Governance policy address a business’s internal use of AI systems, but such a policy must also take into consideration how the business’s third-party vendors are utilizing such tools. As more and more companies utilize AI systems to provide services, it is incumbent on businesses to have a plan for identifying those vendors who utilize AI systems in the provision of services, evaluating the security of those systems based on the applicable use case, and drafting appropriate contract terms.

The purpose of an AI Governance body should be to work toward collaboration and cooperation regarding use of AI systems, rather than just compliance, given the complexities this technology presents. Offering trainings to employees on proper uses of AI, documenting all uses to review efficiency and effectiveness, and providing guidance as the technology changes are all roles necessary for an AI Governance body.

Artificial Intelligence and Lawyer Ethics

By D. Allan Asbury

The legal profession is at a technological crossroads, facing unprecedented challenges and opportunities with the adoption and integration of artificial intelligence (AI) into law practices. As futurist Richard Susskind has aptly observed, “AI will force legal institutions and lawyers to change more radically in two decades than they have in the past two centuries.” With AI products able to perform tasks traditionally assigned to junior associates and paralegals, lawyers must adopt a proactive approach to understanding AI's capabilities and limitations while maintaining their ethical obligations.

The Promise of AI in Legal Practices

AI has enormous potential for assisting lawyers in providing legal services to clients. From drafting contracts, writing motions and briefs, to predicting case outcomes and summarizing documents in discovery, AI products can significantly improve a lawyer’s efficiency and productivity. The American Bar Association has offered that “AI allows lawyers to provide better, faster, and more efficient legal services to companies and organizations. The end result is that lawyers using AI are better counselors for their clients.” A recent study conducted by Goldman Sachs estimates that nearly 44% of all legal tasks performed by lawyers can currently be performed by AI. In response, law schools are now equipping students with the AI skills they will need in their future legal careers. Due to the rapid development of AI, technologists predict that within the next five years most lawyers will rely on AI technology to assist them in providing legal services to clients.

Ethical Challenges and Responsibilities

While AI presents numerous benefits, its integration into legal practices requires careful consideration by lawyers of AI’s ethical implications. Several rules of professional conduct should be consulted before a lawyer makes a decision to integrate AI into his or her legal practice.

Competence (Prof.Cond.R. 1.1)

AI, now widely accessible to consumers through platforms like ChatGPT, Gemini and Claude, has evolved significantly in the last five years, making it a highly relevant and powerful tool for lawyers to incorporate into their practices. While lawyers are not required to use AI, they must keep abreast of changes to the practice of law, including the benefits and risks associated with relevant technology, according to Prof.Cond.R. 1.1, cmt. [8]. More importantly, lawyers choosing to use AI must develop the necessary skills and knowledge to competently use the technology. A lawyer using AI must ensure that the work product generated by AI is accurate, reliable and does not compromise the quality of

the legal representation of the client or advocacy before a tribunal. A lawyer’s misunderstanding of the capabilities and limitations of an AI product or an overreliance on its generated results can lead to negative outcomes for both the lawyer and the client.

Confidentiality (Prof.Cond.R. 1.6)

As stated in Prof.Cond. R. 1.6, lawyers must maintain the confidentiality of information related to the representation of a client. Prof.Cond. R. 1.6 requires lawyers to avoid disclosing sensitive client information to AI platforms that may share that information with other users. Some AI products do not treat as confidential the information users provide in prompts or the results generated by AI. A review of the terms of service for some AI products reveals that the information provided by the user may become the property of the AI vendor and can be used to train the AI product. On the other hand, many AI providers market to law firms an enterprise version of their AI product that implements safeguards to prevent the disclosure of client related information by prohibiting the AI product from training on individual prompts and

uploaded client information. Because lawyers have a duty to make reasonable efforts to prevent the unauthorized disclosure or access to client information, only AI products designed with robust security measures and confidentiality safeguards should be used.

Independent Professional Judgment (Prof.Cond.R. 2.1)

AI can ethically be employed to enhance or support a lawyer’s delivery of legal services but should never take the place of the lawyer’s independent professional judgment. Accepting AIgenerated recommendations without critically assessing them can undermine the lawyer’s obligation to provide straightforward advice and an honest assessment of a client’s legal issues. Lawyers choosing to use AI in their practices should consider explaining to clients how they used AI to deliver legal advice or make recommendations to the client.

Reasonableness of Fees (Prof.Cond.R. 1.5)

AI has the potential to reduce the amount of time lawyers spend on

traditional legal tasks which in turn can result in fewer billable hours charged to clients. Lawyers using AI to provide legal services must ensure that client billing reflects the actual work performed by the lawyer. The use of AI by lawyers can economically benefit clients in the long run and should not be viewed as an opportunity for lawyers to artificially inflate fees to compensate for an overall reduction in their billable hours. The economic benefits of a lawyer using AI should be passed onto clients.

Candor to the Tribunal (Prof.Cond.R. 3.3)

AI products occasionally hallucinate and provide inaccurate information. This is because AI generates responses based on patterns in the datasets it was trained on. This can lead to plausible sounding but inaccurate information when AI fills in gaps with its best guess or prediction. Lawyers using some AI products for legal research may sometimes encounter fictional case citations and propositions of law. When using AI to prepare court filings, lawyers have an ethical duty under Prof.Cond.R. 3.3 (candor to a tribunal) to carefully verify the accuracy of case

authority, including quotes, holdings and legal citations generated by AI. Instances of lawyers submitting court documents with fabricated citations, as seen in cases like Mata v. Avianca, Inc., 678 F. Supp. 3d 443 (S.D.N.Y. 2023), underscore the importance of lawyers critically reviewing work product generated by AI. In Avianca, the lawyers used AI to generate a response to a motion. The lawyers did not review the document that contained multiple fictitious case citations before filing it with the court. The court later issued Civil Rule 11 sanctions against the lawyers, ordering them to pay $5,000 and complete additional continuing legal education (CLE) training on the proper use of legal technology.

Best Practices for Ethical AI Use

To utilize AI’s benefits while mitigating ethical lapses, lawyers should consider the following best practices:

1. Understanding the Technology: If purchasing or subscribing to an AI product, familiarize yourself with its functionalities and limitations. Regular training and continuing legal

education on AI technology and legal technology in general is encouraged.

2. Vet AI Vendors: Choose AI products with clear data security and confidentiality protocols. Review vendor specifications, terms of use, and privacy policies prior to implementing AI in your practice.

3. Case Citations: Use reliable online legal research tools like Lexis, Westlaw and Decisis to verify case citations generated by AI products.

4. Maintain Transparency: Inform clients through fee agreements or other means about your use of AI products including their potential risks and benefits.

5. Exercise Independent Professional Judgment: Use AI as a product to enhance, not replace, your independent professional judgment. Always critically assess AI-generated work product.

7. Bill for Time Worked: Avoid the temptation to bill clients for the time you traditionally spend on a legal task when the use of AI significantly reduces your billable hours.

Looking Ahead

AI is bringing about significant changes across a variety of professions and industries. As the technology continues to rapidly advance, lawyers will need to navigate the challenge of incorporating AI into their practices while maintaining their ethical obligations under the Ohio Rules of Professional Conduct.

Disclaimer:

D. Allan Asbury, Senior Counsel Ohio Board of Professional Conduct

allan.asbury@bpc.ohio.gov

6. Know the Rules: Stay informed about local court rules and standing orders regarding AI use in court filings. For example, some courts in Ohio may require the signing of certifications by lawyers that any filings produced with AI were reviewed for accuracy by a human.

The views and opinions expressed in this article are solely those of the author and do not reflect the official policy, position or opinions of the Ohio Board of Professional Conduct. The content is for informational purposes only and should not be interpreted as legal advice or guidance by the author.