Evolving Norms Governing AI Engagement in Legal Practice and the Prospective Alignment of Law School Curriculum

Abstract

As artificial intelligence (AI) applications transcend to yield generative outcomes, the significance of its engagement to enhance productivity in legal practice and dispute resolution forums is increasingly emphasised. With the recent advent of an impressive array of generative AI programs, the urge to harness the technology in the legal profession is difficult to resist. Professional standards of AI engagement are being introduced to respond to the increasing engagement of generative AI in serving legal clientele. Normative prescriptions governing the use of AI in legal practice are crucial to ensure that the right balance is achieved between the benefits offered by the technology and the rights of the clients served. The paper aims to investigate pioneering professional standards regulating AI use in US legal practice and assess how they achieve a balance of interests and adhere to some fundamental principles. The paper calls for a contextual understanding of the technological functioning of AI for its effective professional engagement and the development of governing standards. The paper assesses a range of specific professional and judicial standards governing generative AI use in the US and explores their relevance for other jurisdictions. The paper argues the limitation of continuing legal education to produce AI-empowered lawyers. It proposes the significance of the need for law schools to step in with the necessary curriculum and pedagogical alignment with emerging AI applications and regulatory standards. The paper concludes by examining its key findings and underscores the significance of upholding the right to access AI.