The AI Imperative: WHY MARYLAND LAWYERS MUST LEAD, NOT FOLLOW
Artificial intelligence is no longer a futuristic concept only discussed in academic circles. It is here, and it is already a "fundamental game-changer" (as one of our recent MSBA articles noted) for the practice of law. From automating document review and enhancing legal research to summarizing depositions and even drafting initial pleadings, AI is rapidly growing from a novelty to a necessity. As AI use becomes more prevalent, it is important to recognize its duality: it is both a "legal minefield" and a revolutionary tool.
We have all seen the cautionary headlines from around the country (and here in Maryland), of lawyers sanctioned for citing "hallucinated" or fictitious cases generated by AI. Such incidents represent more than embarrassing missteps; they are grave breaches of attorneys’ core professional duties.
The rise of AI directly implicates our ethical obligations of competence, diligence, confidentiality, and supervision. Using these tools without understanding their limitations is not an option.
To focus only on the potential risks of using AI, though, would be to miss out on its potential. When harnessed correctly, AI offers the potential to revolutionize legal practice. It can streamline workflows, reduce costs for clients, and allow attorneys to focus on the high-value strategic work that humans do best. Tools are already emerging that assist with case preparation and discovery in ways that can level the playing field and improve access to justice.
The question, therefore, is not if you will engage with AI, but how you will do so competently, ethically, and effectively.
The question, therefore, is not if you will engage with AI, but how you will do so competently, ethically, and effectively.
Waiting to see what happens with regard to AI is not a strategy; it's a liability. As leaders in the legal profession, Maryland attorneys must be at the forefront of this change, shaping its implementation and upholding our ethical and professional standards.
This is where your bar association is essential.
The MSBA is committed to being your indispensable partner in navigating this new frontier. We are not shying away from this complex topic. Instead, we are actively curating the very knowledge you need. We already offer our members numerous AI resources, including primers on "AI Agents" and analyses of "Generative AI Policies for Law Firms," as well as "An Overview of Ethical Considerations for Attorney Use of Generative Artificial Intelligence Technologies" and the "Basic AI Concepts for Lawyers."
I urge you to engage with these resources. I encourage you to participate in our upcoming CLEs and discussions on this topic. Your competence is your responsibility, but your education is our mission.
This is a moment of transformation. Let us embrace it with the gravity and diligence our profession demands. Use the MSBA as your guide, your resource, and your community to ensure that the Maryland legal profession continues to lead with integrity and excellence.
Anna Sholl, Executive Director