In response to the rapid rise of artificial intelligence, the New Jersey State Bar Association has released a wide-ranging report outlining AI’s impact on the legal profession, with practical guidance on how attorneys can benefit from AI while navigating the technology safely and ethically.
The 36-page report, released by the NJSBA Task Force on Artificial Intelligence and the Law, addresses the fundamental considerations attorneys must make when implementing AI in their legal practice – including understanding AI's benefits, recognizing potential risks, selecting appropriate AI tools, ensuring data protection and effectively training staff. The report serves as a practical resource that complements the AI guidelines released by other state and regional AI task forces and committees and helps attorneys establish baseline procedures when using AI.
Former NJSBA President Timothy F. McGoughran created the Task Force last year as part of the Association’s push to explore the effects of AI and create more educational programming on AI’s applications in the law, ethical questions raised by the technology, its potential risks and how attorneys can use AI to their advantage. The Task Force brought together a diverse group of 27 attorneys who drew on their professional experience to address the different aspects of how AI affects the practice of law, according to Rebecca L. Rakoski, who co-chaired the Task Force.
“We took a practical approach by asking the tough questions for practitioners as to the ‘where, when, and how’ to use AI. This report can help attorneys evaluate the benefits and drawbacks of AI. It is a good first step, but in this dynamic area, we need to be evaluating and reevaluating constantly,” Rakoski said.
The recommendations in the report are designed to remain relevant and be adapted with future developments, according to the report. Given the steady evolution of AI, the report will serve as the initial installment in a series of statements focused on the intersection of AI and the law.
“This report is intended to be a first step in what will be an ongoing process to assist the bar in marking significant changes to the practice of law. We believe that the entire legal community will benefit from the hard work of the Task Force and we look forward to continuing the conversation,” said Steven J. Eisenstein, an NJSBA trustee who also co-chaired the Task Force.
The Task Force organized into four workgroups dedicated to addressing specific facets of AI in the legal space. The groups explored:
· Ethical issues in AI – To avoid misuse through AI’s tendencies to fabricate evidence and data, the Task Group recommended that legal practitioners thoroughly scrutinize the product claims made by AI providers and differentiate between AI tools designed for the public and practice of law.
· AI in legal products and services – Public-facing AI tools like ChatGPT, Bing, Gemini and Claude are not recommended for attorneys due to potential ethical, privacy and security implications. The working group established criteria and questions to ask when evaluating AI vendors and whether their products are suitable for use.
· AI education for the profession – The group outlined a plan for the NJSBA, state Supreme Court and other entities to collaborate on a dynamic curriculum that will educate the New Jersey legal community and monitor advancements in AI.
· AI and social justice – AI has the potential to improve access to justice by making legal services more efficient and available. Unequal access to high-speed internet in rural and underserved urban areas hinders the fair adoption of AI, the group found. Bridging the digital divide is essential to ensuring that the benefits of AI in the legal system are accessible to all.
The report includes a sample policy for law firms to establish AI use guidelines that safeguard client confidentiality and uphold standards of professional conduct. It also provides a list of key terms every legal professional should know about AI.
The full report is available on njsba.com.