Innovative technology and generative artificial intelligence (AI) are transforming the legal profession and the practice of law. In particular, the use of generative AI is increasing, and lawyers must be mindful of identified and emerging risks and implement policies and practices to frame its use, in accordance with professional obligations.

This is increasingly important because practice notices and guidelines are being developed by courts and regulators in Canada and internationally. (See, for example, the European Union’s (EU) EU Artificial Intelligence Act, with extra-territorial reach, and guidance documents from various courts and regulators.¹)

These emerging notices and guidelines signal a shift for legal practitioners, with the onus on those using AI to minimize risks associated with its use rather than merely relying upon consent to its use. ²

Using generative AI in legal practice can significantly impact professional obligations. Ignoring these obligations can expose lawyers to disciplinary sanctions and liability, disempower clients, and bring the justice system into disrepute.

When considering how to use generative AI in a manner consistent with professional obligations, lawyers should review and follow relevant court guidance and consult their respective Codes of Conduct in their jurisdictions, which are based on the Federation of Law Societies of Canada's (FLSC) Model Code of Professional Conduct (Model Code).³ They should also consider any guidelines provided by their regulators.

Although technology evolves, legal practitioners’ use of AI must always comply with relevant standards provided by legal regulators as “[m]embers of the legal profession in Canada are held to high standards of professional conduct enforced by the law societies through a robust complaints and discipline process.”⁴

This toolkit presents a short overview of the use of AI in legal practice, guidance on opportunities and challenges related to its use, and several key takeaways to facilitate compliance with professional obligations.

The challenge is for legal practitioners to responsibly utilize ever-evolving AI tools while remaining compliant with professional obligations.

This toolkit emphasizes the need to cultivate risk awareness amongst legal professionals and law firms about the use of AI, whether that AI is embedded in commonly used law firm tools or whether conscious decisions are made to use specific AI tools in legal practice.

Key Takeaway –The risks of using AI, like the developing technology itself, are constantly changing. Legal professionals and law firms must align their decisions about selection and use of AI technologies with their professional obligations.

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