Ethical Considerations When Using AI
Artificial intelligence is quickly becoming a daily part of modern legal practice. The growing relationship between AI and ethics is also evolving. On October 23, 2025, Attorney Brendon Levesque of Barry, Taylor & Levesque, LLC presented “Ethical Considerations When Using AI” at the Connecticut Bar Association’s Continuing Legal Education program.
In the seminar, Levesque discussed the role of AI in law and how to develop and deploy new technologies while accounting for ethical risks.
The growing role of AI in law
AI is gaining popularity across the board, especially in the legal field. Many firms now use new AI technology to handle large document review projects, track deadlines, conduct contract analysis, and do legal research. AI can reduce human error and improve client response time. It is clear, however, that AI use comes with challenges.
Ethical considerations when using AI
Legal professionals should approach AI implementation with due diligence. While AI shows some promise for the future, there are ethical concerns to keep in mind when implementing. AI tools can misunderstand context, overlook nuances in case law, or hallucinate responses. AI tools need humans to verify the quality of their output and to ensure that all necessary steps have been taken so that private data remains secure. Lawyers using AI should be cautious about overreliance and stay informed of ethical risks.
During Levesque’s presentation, he discussed how lawyers can responsibly integrate AI tools into their legal work. He also identified ethical challenges lawyers might face on topics such as confidentiality, client communication, and competence.
Confidentiality
According to Rule 1.6 of the Connecticut Rules of Professional Conduct, attorneys must not reveal confidential information relating to the representation of a client. Due to the sensitive nature of many cases, attorneys may have personal data, like financial details and contact information, about their clients. Any AI tools used to store or access this data should be completely secure to avoid access by unwanted third parties.
By implementing encryption and privacy protections, law firms can add an extra layer of protection and avoid unnecessary risk. More reasonable efforts attorneys and law firms can make when using AI tools might include scrubbing metadata before sharing files, reviewing privacy policies and data retention tools for cloud-based or generative tools, and verifying where data is stored and who can access it when relying on third-party access.
Client communication
Connecticut Rules of Professional Conduct Rule 1.4 states that a lawyer shall keep the client reasonably informed about the status of their matter. Lawyers have a responsibility to keep clients reasonably informed about decisions affecting their case. When AI is used in a way that can affect case strategy or costs to the client, informing the client and being transparent about the use of AI in the workplace may be ideal. AI tools should not compromise client trust or the integrity of a firm’s practice.
Competence
Under Rule 1.1 of the Connecticut Rules of Professional Conduct, attorneys must provide competent representation to their clients. Interpretation of this rule (by Connecticut ethics opinions) indicates it includes understanding the technology used to represent clients. When attorneys fail to grasp the limitations and risks potentially associated with AI tools, it can lead to harmful legal errors, inaccuracies, and unreliable information. Attorneys should exercise good judgment and make sure they understand how to use AI tools properly if they elect to use AI. It is also imperative to consistently confirm that any AI-generated work is thoroughly reviewed and verified.
Our commitment to our clients
Barry, Taylor & Levesque, LLC is committed to staying up to date on legal ethics when using AI technology. Our firm advocates for the responsible incorporation of AI tools into the legal profession on the basis that those emerging tools enhance efficiency and don’t replace the attorney’s human role in serving clients.
We believe the future of legal work will involve more advanced tools, and we plan to move forward with a focus on security, privacy, and reliability. Reach out to learn more about our practice.
The “Ethical Considerations When Using AI” seminar was presented at the Connecticut Bar Association on Thursday, October 23, 2025.
Attorney Ryan P. Barry’s civil practice focuses on personal injury, commercial litigation, workers’ compensation defense, municipal law, and NCAA investigations. Attorney Barry is also a seasoned criminal litigator, having handled hundreds of cases in Connecticut’s state and federal courts. Learn More