Artificial intelligence (hereinafter referred to as AI) is rapidly changing approaches to work in the legal field, opening up new opportunities for data analysis, process automation, and efficiency improvement. At the same time, its use is associated with a number of challenges, ranging from issues of confidentiality and reliability of information to compliance with professional standards and ethics. For lawyers who work with large amounts of sensitive data and make decisions that affect people’s rights and obligations, it is important to understand not only the potential of AI, but also the risks that AI brings. The conscious and safe use of such technologies is becoming an essential part of modern legal practice.
Therefore, just as AI tools greatly simplify the work of legal professionals and assist in the rapid analysis of documents, the preparation of lawsuits and contracts, legal monitoring, and the identification of patterns in judicial practice, and just as their irresponsible use can lead to the leakage of confidential data, breaches of professional secrecy, and errors in the interpretation of legislation, it is important to follow the rules for working safely with AI.
The Ukrainian Bar Association has joined in developing recommendations for the responsible use of AI in the field of law. The following entities were also involved in developing the recommendations: the Ministry of Digital Transformation of Ukraine, the Ministry of Justice, the State Judicial Administration of Ukraine, the Ukrainian Bar Association, the Law Institute of Taras Shevchenko National University of Kyiv, the Research Institute of Intellectual Property, and experts in the field of responsible AI, with the support of the project “Digitalization for Growth, Integrity, and Transparency” (UK DIGIT), implemented by the Eurasia Foundation and funded by UK Dev.
Basic principles of responsible use of AI by lawyers
The use and development of AI systems in the legal sphere should be based on the provisions of relevant legislation, including the Laws of Ukraine “On the Bar and the Practice of Law,” “On the Prosecutor’s Office,” “On the Judicial System and the Status of Judges,” “On Notaries,” as well as Article 69 of the Law of Ukraine “On Administrative Procedure” and others.
Despite the general nature of these recommendations, it is important to remember the specific requirements that apply to representatives of the aforementioned professions in accordance with current regulations. It is important to adhere to the fundamental principles of respect for human rights in the context of working with AI, including: truthfulness of disseminated information, non-harm, non-discrimination, inclusiveness, respect for privacy and confidential information.
When using AI systems or the results of interaction with AI systems in the legal sphere, it is also worth taking into account industry legislation, such as the Law of Ukraine “On the Protection of Personal Data.” At the same time, the implementation and use of AI systems requires the establishment of additional rules and principles of operation. The main principles for the use of AI systems that are in the public interest are:
- Legality;
- Regular risk assessment;
- Transparency and clarity;
- Informing customers about the use of AI systems and obtaining consent for such use;
- Fairness and reliability;
- Confidentiality and data protection;
- Non-discrimination and inclusiveness;
- Professional human oversight;
- Accountability;
- Adaptability;
- Legitimacy of purpose;
- Subsidiarity.
Checklist for lawyers when using AI
When using generative AI, the following should be considered:
1) Assess the need for AI, the potential benefits and risks of automating a particular process;
2) Determine the purpose and options for using a generative AI tool;
3) Outline the desired outcome of using a generative AI tool;
4) Comply with professional obligations in accordance with the SRA Code of Conduct, standards, regulations, and principles of responsible AI use;
5) Comply with policies (internal instructions, regulations, orders, etc.) related to IT and AI, confidentiality, and data management;
6) Check the data management procedure to see if the generative AI manufacturer has clear rules for data collection, storage, and protection, and whether the manufacturer complies with security standards and ethical norms;
7) Establish rights to generative AI prompts, training data, and AI results to avoid legal disputes;
8) Determine whether the generative AI tool is a closed system within your company or also functions as a training model for third parties;
9) Discuss expectations regarding the use of generative AI tools to provide legal services between you and the client.
10) Consider what input data you are likely to use and whether it is appropriate to enter it into a generative AI tool.
11) Identify and manage risks related to confidentiality, intellectual property, data protection, cybersecurity, and ethics);
12) Establish liability and insurance coverage related to the generative use of AI and the use of results in your practice);
13) Enter and output documents and any errors from the generative AI tool if they are not collected and stored automatically);
14) Verify the accuracy and truthfulness of AI generative results, including bias mitigation and fact checking.
AI has become an integral part of the modern professional environment, and the legal field is no exception. Its implementation requires not only technical knowledge but also careful attention to the principles on which legal practice is based. It is important to maintain a balance between innovation and a responsible approach so that technology remains a tool that enhances professionalism rather than replacing critical thinking and legal expertise.
Key recommendations include: always request references to laws, court decisions, and other official sources; inform clients about the use of AI and, if necessary, obtain their consent, confirming this in the contract; anonymize personal data before entering it into AI systems; use corporate or secure versions of services that do not store query history; when analyzing documents, check the results for errors and ask the system to provide counterarguments to its own conclusions; remember that the ultimate responsibility for the accuracy and correctness of any documents or advice lies with the lawyer, not the AI system.
Ultimately, it is the judicious use of AI that will allow lawyers to reap the maximum benefits of new opportunities while maintaining trust in their profession.
