ETHICS
BY EDWARD McINTYRE
E TECH
Here Come the Robots — or Not It may be your duty to consider implementing artificial intellegence into your practice acbeth, Duncan and Sarah had just started lunch at the Greasy Spoon cafe when Clyde Zuckerman came over and pulled out a chair. “ You guys got a minute?”
breath, Clyde. Let’s step back a bit.”
Macbeth barely nodded. “I’m sure we have a minute, Clyde.”
“You use email at this point, don’t you? To communicate with clients. Other lawyers?”
“You guys heard of artificial intelligence? I mean, I just saw an article where it’s gonna take over the practice of law. Robots will be running everything. What are we gonna do?”
“Well, yeah, but —”
M
“Slow down, Clyde. Are you talking about the use of data analytics as a tool in the practice of law?” “Yeah. That and everything else. Machines will be marching into our offices. What are we gonna do about it?” His palm slapped the table; silverware bounced. Macbeth raised both hands. “Take a deep
“OK, but —” “Clyde!” “OK.”
“You use a computer in your practice?” “Yeah. Got to.” “Have you ever handled a trusts and estates case?” “Of course. But what’s that got to do —” “I didn’t think you were a trust and estates lawyer, Clyde.” “I’m not. I always turn to Brennan whenever I’ve got a T&E matter. Good man.” “I agree, a fine lawyer. Rule 3-110, our
competence rule, allows us to represent a client even if we don’t have sufficient learning and skill in the specific area, if we associate another lawyer who’s competent.” “That’s why I always go to Brennan. Besides, I don’t want to be sued for malpractice.” Sarah interjected. “Macbeth always says that the rules and risk mitigation go hand in hand.” “Really? I didn’t know that.” “Yes, many courts have held that the rules define a lawyer’s duty in a breach of duty claim and establish the standards of conduct for a professional negligence claim.” “Wow.” Macbeth spoke. “Let’s turn back to Clyde’s question. Clyde, you agree that competent representation means knowing the relevant law? Court rules, if it involves litigation? “Of course. But what about artificial intelligence?”
CARTOON BY GEORGE BREWSTER JR.
“I’ll get there. Bear with me.” “OK.” “In 2010, the State Bar issued a formal opinion. It told us that the Rules of Professional Conduct — specifically competence and confidentiality rules — govern our use of technology.” “OK —” “Lawyers were obviously using technology — in one form or another — to serve clients. Technology made it easier to communicate. Less expensive to deliver services. Lawyers and clients both benefited.” “OK. I get it.” “Then in 2012, the American Bar Association amended its Model Rule on competence. It added the provision that to be competent, in addition to maintaining March/April 2018 SAN DIEGO LAWYER 15