Prioritizing Ethical Responsibility When Using AI in Elder Law
Using artificial intelligence in the practice of law can save significant time and generate reports quickly, often without requiring extensive manual review. However, attorneys must always prioritize their ethical responsibilities. These duties include maintaining competence, protecting client confidentiality, and assessing a client’s own capacity and understanding. How these obligations intersect with emerging technologies is critical to consider before relying heavily on modern AI tools.
Data Processing
In an elder law practice, reviewing client information—such as bank statements, prior transactions, income sources, and future earnings—is essential to advising on long-term care planning strategies. AI tools can efficiently analyze this data and generate reports, potentially saving hours of staff time. However, attorneys must evaluate where this information is stored, who has access to sensitive financial data, and how the accuracy of AI-generated reports will be verified.
Initial Interviews
Initial intake interviews are one of the most time-intensive business development activities for many attorneys. These conversations are essential for determining whether a case is appropriate for the firm and whether the potential client has the capacity to hire counsel and meet their obligations during representation. Many offices rely on staff to conduct or sit in on these interviews. While AI tools can assist with note-taking, case evaluation, and summarizing discussions, attorneys remain ethically responsible for assessing client capacity and maintaining confidentiality. These duties cannot be fully delegated or replaced by AI.
Legal Research and Writing
Few attorneys look forward to spending hours on legal research or drafting briefs, and many modern legal software platforms now include AI features to streamline the process. However, some attorneys have faced disciplinary issues after failing to verify the accuracy of AI-generated research or writing. While AI can be a helpful tool, attorneys must understand who has access to private information, how it is stored, and the limits of the technology. Ensuring the accuracy and confidentiality of legal work is a non-negotiable ethical obligation.
AI can be a powerful resource in the legal industry, but understanding the associated ethical obligations and risks is essential—both now and as these tools become more integrated into everyday practice.
Jim is responsible for creating, curating, and promoting high-quality content related to the estate planning and elder law industry. He also plays a primary role in designing and maintaining a robust education and content calendar for Attorney Access.
