Responsible ChatGPT use in legal practice
A companion to Mostafa Soliman’s 2023 NYSBA article, connecting tool selection, information handling, and human review.
Original publication · New York State Bar Association · May 17, 2023
Navigating the Ethical and Technical Challenges of ChatGPT
Read the original article at New York State Bar AssociationThe guide below offers practical discussion prompts alongside the original article. It does not reproduce the publisher’s text.
Published in May 2023, this article examines professional duties and technical limitations associated with ChatGPT, including confidentiality, unreliable output, and the importance of lawyers’ independent judgment.
This is a historical publication. References to particular products and capabilities reflect the time of publication. Read the original article on the New York State Bar Association website.
From the issue to the workflow
Start with a defined task
Describe the intended use before selecting a tool. Brainstorming with hypothetical facts, summarizing a public document, and analyzing a client file raise different questions. Identify the expected output and the person responsible for deciding whether it is suitable for the task.
Examine information handling
Review the actual product, account settings, and contractual terms before entering information. Ask who can access inputs, how they are retained, and whether they may be used for training. Product names alone do not answer those questions; settings and terms can change.
Connect policy to practice
Give the team a clear approval path, examples of acceptable use, and a review process. Keep client-specific decisions tied to the applicable professional rules and circumstances. The linked 2023 article is a historical publication; product descriptions reflect that period. ABA Formal Opinion 512 is additional reading on generative AI and professional duties, not a substitute for jurisdiction-specific guidance.
Further reading: ABA Formal Opinion 512 (2024).
Educational discussion. Apply the rules, guidance, and orders relevant to your jurisdiction and matter.
Connect this to your work.
Explore the wider topic, use a practical review checklist, or discuss a program for your team.