WHEREAS artificial intelligence technologies ("AI") are increasingly prevalent in Canadian legal practice;
WHEREAS the use of AI engages lawyers' fundamental duties of competence, confidentiality, solicitor-client privilege, independence of professional judgment, privacy and data security;
WHEREAS the improper use of AI creates risks relating to the unauthorized disclosure of client information, algorithmic bias, diminished lawyer oversight, and the potential for AI systems to facilitate the unauthorized practice of law, which may undermine public trust in the legal profession and impair the administration of justice;
WHEREAS it is consistent with the Canadian Bar Association's mandate and it serves the public interest for the CBA to proactively shape the profession's response to AI;
WHEREAS legal professionals require practical guidance and training to use AI competently, ethically, and in a manner consistent with their professional obligations;
BE IT RESOLVED THAT the CBA commit to:
- Establish a working group on AI in legal practice, with representation from relevant CBA Sections and Committees, to monitor and assess AI's impact on professional obligations, service delivery and access to justice, including risks related to the unauthorized practice of law;
- Engage legal professionals, judges, legal regulators, technology providers, CBA Branches and other stakeholders to identify challenges and opportunities related to AI adoption, with particular attention to technological competence, solicitor-client privilege, the unauthorized practice of law and access to justice;
- Develop practical resources, including best practices, competency frameworks and guidance, to help legal professionals integrate AI responsibly into their practice while ensuring compliance with ethical and professional responsibilities;
- Advocate for clear, principled AI governance to support responsible and innovative uses of AI in the legal profession.
Moved by the Privacy and Access Law Section
