AI Ethics: Why It's Unethical to NOT Use AI

There’s no escaping the conversation around artificial intelligence at law firms today. Whether at solo practices or big law boardrooms, attorneys are eyeing AI with skepticism—often loudly insisting they’ll “never” use AI in legal writing. It’s an understandable sentiment, born from headlines about AI “hallucinations” and concerns about accuracy, particularly with citations. Unchecked, generative AI can produce flawed output, even with today’s advanced legal-specific models. However, every law firm has a responsibility to adapt to new technologies, including the ethical and transparent use of AI, to remain compliant and competitive.

But let’s be frank: outright refusal to engage with AI is not just shortsighted – it’s increasingly out of step with the core duty of every lawyer under the ABA Model Rules of Professional Conduct, starting with Rule 1.1: the duty of competence. A lawyer's duty includes maintaining the requisite knowledge of technological advancements, such as AI, to provide competent representation. The American Bar Association has established ethical guidelines to ensure the ethical use and responsible AI use of these technologies in legal practice.

Introduction to Artificial Intelligence

Artificial intelligence, or AI, is transforming the way we approach complex tasks across every industry—including the legal sector. At its core, AI refers to computer systems designed to perform functions that typically require human intelligence, such as learning from experience, solving problems, and making decisions. These AI systems leverage advanced technologies like machine learning, natural language processing, and computer vision to analyze data, recognize patterns, and automate processes that once demanded hours of human effort.

In the legal sector, the adoption of AI technology is not just about efficiency; it’s about fundamentally rethinking how legal professionals deliver value. AI systems can streamline routine work, uncover insights hidden in massive datasets, and support more informed decision-making. However, as with any powerful tool, the rise of artificial intelligence brings with it important ethical implications. Understanding both the capabilities and the limitations of AI technology is essential for legal professionals who want to remain at the forefront of their field—and uphold their ethical obligations to clients.

Understanding How AI Works

To appreciate the impact of AI in legal practice, it’s important to understand how these systems operate. AI systems process vast amounts of data, identify patterns, and use those patterns to make predictions or decisions. At the heart of many modern AI applications is machine learning—a technique that enables AI models to learn from data and improve over time, without being explicitly programmed for every scenario.

Generative AI, powered by large language models, takes this a step further. These generative AI models can produce human-like text, summarize lengthy legal documents, and even draft original content tailored to specific legal matters. While the capabilities of generative AI are impressive, it’s crucial to recognize that AI systems are not infallible. If not properly designed, trained, and tested, they can introduce errors, biases, or inaccuracies. That’s why understanding the strengths and limitations of machine learning and generative AI is essential for legal professionals who want to harness these tools responsibly.

Redefining Competence in the Generative AI Era

ABA Rule 1.1 states: “A lawyer shall provide competent representation to a client. Competent representation requires the legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” As part of a lawyer's duty, this includes maintaining the requisite knowledge of emerging AI technologies to ensure competent and ethical legal practice.

In 2012, Comment [8] was added (and adopted by most states), clarifying that competence includes staying abreast of “the benefits and risks associated with relevant technology.” In the context of AI development, lawyers must remain current with advancements to uphold their professional responsibilities.

Competence isn’t just about knowing the law or following precedent – it’s about employing the tools and processes that allow for the most thorough, well-prepared, and cost-effective representation. Today, this means understanding how AI fits into legal practice, and, where appropriate, using it. Ethical use of AI and adherence to ethical guidelines are essential when integrating these technologies. Lawyers must be able to provide legal services responsibly, disclose AI use to clients, and understand the implications of using AI technologies, AI systems, and intelligent systems as part of their practice.

When using these tools, lawyers must also consider ethical issues, moral principles, and the importance of the human being and human element in supervising and evaluating AI-generated work. This oversight ensures that the unique ethical responsibilities and client relationships inherent to the legal profession are maintained.

Finally, lawyers must be aware of AI risks and security risks associated with adopting these technologies, implementing appropriate safeguards to protect client data and maintain trust.

The Real Problem: Billing Without AI Is Archaic—and Unethical for Legal Professionals

Let’s be clear: the legal profession is one of the last major industries still using essentially hand-crafted processes for document generation and legal drafting. As law firms increasingly adopt AI technologies and intelligent systems, they are driving efficiency and contributing to economic growth within the legal sector. In an environment where opposing counsel may be using AI-based tools to draft complex motions in minutes—while you’re charging your client for 25 hours of manual labor—are you truly being a competent, ethical advocate? Responsible AI use is now a key consideration, and law firms must provide AI solutions in a manner that aligns with professional standards.

Imagine two scenarios:

Scenario A: You prep a 20-page motion by hand, bill 30 hours, and risk out-of-date citations or missed arguments simply because you ran out of time. This approach raises ethical issues related to billing practices and may not reflect ethical use of available technology.

Scenario B: You use a purpose-built AI platform (like First Drafts), get a first draft of the same 20-page motion in minutes with appropriate case context, then polish with some legal research and finalize for about 5 hours of time instead. While leveraging AI, it is essential to maintain the human element by supervising and reviewing the output to ensure quality and ethical compliance.

Which approach better serves your client’s interests? Which better meets your ethical obligations of competence and diligence under Rule 1.1? When using AI, transparency is critical—lawyers should disclose AI use to clients to maintain trust and comply with professional conduct rules. Do you really want to wait until opposing counsel objects to your time entries on a motion for attorneys’ fees to find out that everyone else has been billing at an 80% discount compared to your manual drafting? Additionally, understanding AI risks, security risks, and staying informed about AI development trends is crucial to ensure responsible and secure adoption of these technologies.

Generative AI Applications

Generative AI is rapidly reshaping the legal industry by automating and enhancing a wide range of tasks. In document review, AI-powered systems can sift through thousands of pages in minutes, flagging relevant information and reducing the risk of human oversight. For legal research, generative AI tools can quickly surface case law, statutes, and secondary sources, providing research assistance that saves time and improves accuracy. When it comes to contract drafting and analysis, generative AI models can identify key clauses, suggest revisions, and even predict potential risks.

These advancements free up lawyers to focus on higher-level legal analysis and strategic decision-making—areas where human judgment remains irreplaceable. However, the integration of generative AI into legal practice also raises important ethical considerations. Legal professionals must be vigilant about the potential for bias in AI outputs, the risk of errors, and the unauthorized practice of law if AI is used without proper supervision. By understanding both the opportunities and the ethical challenges, the legal industry can leverage AI-powered systems to deliver better, more efficient legal services while upholding the highest standards of professional conduct.

Why The ‘AI is Too Risky' Argument Falls Flat

Let’s acknowledge reality: AI is not perfect, and it never will be. But neither are associates, Westlaw searches, or even your own human memory. Some risks are present in every form of legal research or drafting—but the answer isn’t to ignore new technology; it’s to supervise it appropriately. In the context of AI, it is important to recognize specific AI risks and security risks, especially as certain AI systems are classified as high risk due to their potential impact on safety, confidentiality, and legal processes.

The duty under Rule 1.1 is not to guarantee perfection, but to use the tools at your disposal in a way that best serves the client. This includes addressing ethical issues, following ethical guidelines, and ensuring compliance with ai regulation, regulating ai, and government regulation to mitigate potential harms. The burden is on you to review and verify the work product—whether it’s from an AI tool, a junior attorney, or your own dictation system. Regulatory frameworks such as the AI Act, EU AI Act, and initiatives by the European Union provide examples of how jurisdictions are approaching oversight of AI technologies. Standards developed by organizations like the National Institute and increased federal engagement are also crucial in shaping responsible AI use. When supervising, consider the type of AI system, intelligent systems, and AI technologies involved, as each presents unique challenges and responsibilities. Oversight must always involve a human being and account for the human element, as ethical judgment, client relationships, and professional expertise cannot be replaced by automation. The foundation of these ethical obligations is rooted in moral principles that guide the legal profession. Confidentiality is paramount, and lawyers must take steps to prevent unauthorized disclosure and inadvertent or unauthorized disclosure of client information when using AI. These concerns are especially salient in legal domains such as criminal justice, federal court, and in jurisdictions like New York, where AI risks and regulatory requirements are evolving rapidly. Examples of AI applications, such as self-driving cars, further illustrate the complexity of ethical and legal considerations. Finally, organizations that promote ai ethics play a vital role in encouraging responsible development and deployment of AI in the legal field.

Transparency and Supervision: The Way Forward Under the EU AI Act

At First Drafts, we’ve designed our product precisely to navigate these ethical concerns:

• Only licensed attorneys can use our platform, eliminating UPL risks, and attorneys are obligated to disclose AI use to clients to ensure transparency and maintain trust.
• Attorneys retain full control—AI generates the initial draft, but you review, edit, and finalize, emphasizing the essential role of the human being and the human element in supervising and validating AI-generated work.
• Our structured, step-by-step approach focuses on quality and context, not “AI magic,” while adhering to ethical guidelines and promoting ethical use to mitigate AI risks and security risks.

It is also critical to prevent unauthorized disclosure and inadvertent or unauthorized disclosure of client data when using AI tools.

Our product leverages an advanced AI system, incorporating the latest AI technologies and intelligent systems to provide legal services efficiently and responsibly.

Ethical safeguards are built in, guided by moral principles, and designed to address ethical issues such as bias, fairness, and confidentiality.

When we provide AI-powered services, we ensure responsible AI use in compliance with professional standards and regulatory requirements.

The Importance of Model Rules

The American Bar Association’s Model Rules of Professional Conduct serve as the ethical backbone of the legal profession, and their relevance is only growing as AI systems become increasingly widespread. Model Rule 1.1 requires lawyers to provide competent representation, which now includes staying current with relevant technology—such as AI systems and other advanced legal technologies. This means that competent representation requires not only legal knowledge, but also an understanding of how AI can enhance legal services.

Model Rule 1.6 emphasizes the importance of client confidentiality, a critical consideration when using AI systems that may process sensitive client data. Lawyers must ensure that any AI technology they use meets the highest standards of data protection and security. Additionally, Model Rule 5.1 mandates that lawyers supervise non-lawyer assistants—including AI programs and systems—to ensure their use aligns with professional ethics and promotes trustworthy AI in the legal sector.

By adhering to these model rules, legal professionals can confidently integrate AI into their practice, providing competent, ethical, and secure legal services. Embracing relevant technology is not just a matter of efficiency—it’s a professional and ethical obligation that ensures the legal industry continues to serve clients with integrity in an era of rapid technological change.

The New Ethical Baseline: Ethical Principles in the AI Era

Competence in 2025 means knowing when to leverage AI and when to rely on traditional skills. A lawyer's duty now includes maintaining the requisite knowledge of AI technologies to ensure competent representation. By stubbornly refusing to consider AI, attorneys risk falling below the minimum standard of technological competence expected by the ABA, their state bars, and—most importantly—their clients.

Adhering to ethical guidelines, ensuring ethical use, and responsible AI use are now essential components of legal practice. When providing legal services, lawyers must also disclose AI use to clients to maintain transparency and trust.

Is it really ethical to charge full freight for manual work that can be performed 5-10x faster (and at a fraction of the cost) with the aid of carefully curated AI? When opposing counsel can pass those savings to their clients, do you really want to be in front of a judge or disciplinary board explaining why you didn’t use obvious, available efficiencies?

The integration of AI technologies, intelligent systems, and AI systems into legal workflows requires careful oversight. Lawyers must be vigilant about AI risks, security risks, unauthorized disclosure, and inadvertent or unauthorized disclosure of client information.

Oversight by a human being and preserving the human element are critical to ensure that ethical and professional standards are upheld. The foundation of these obligations is rooted in moral principles that guide the legal profession.

Looking ahead, trends in AI development, AI regulation, regulating AI, government regulation, federal engagement, the EU AI Act, the AI Act, and initiatives by the European Union and the National Institute of Standards and Technology are shaping the landscape. High-risk applications, criminal justice, federal court requirements, developments in New York, economic growth, self-driving cars, and efforts to promote AI ethics and provide AI responsibly will continue to influence professional standards.

The Bottom Line

The legal world is changing, and fast. The nature of “competence” and “reasonable diligence” is changing with it. True professionalism is about delivering the best service for your client. Ignoring AI isn't cautious—it's irresponsible. First Drafts is here to help attorneys not only keep pace, but set the new ethical and professional standard for our time by bringing the most cutting-edge technology to your hands, today. Start your 7-day free trial today!