On May 8, the ABA Standing Committee on Ethics issued its formal Opinion 511 entitled Confidentiality Obligations of Lawyers Posting to Listservs. As Bob Ambrogi rightly pointed out in his recent post on the Opinion, it seems odd that the ABA would issue an opinion now about a technology that has been around since the late 90s. For Bob, it brought to mind Rip Van Winkle, who slept for 20 years only to wake up in a unrecognizable world.
I agree that the timing seemed strange. However, the substance of the Opinion could relate to and reveal the Committee’s thinking about the use by lawyers of large language models (LLMs).
The Opinion deals with when a lawyer can post questions or comments on a ListServ without their client’’s “informed consent.” According to the Opinion (and clearly, under the Rules), a lawyer can only do so if there is not a reasonable likelihood that a reader could determine either the identity of the client or the matter. The Opinion also discusses what “informed consent” entails.Continue Reading ABA’s Opinion 511 and Its Impact on Legal Ethics in the AI Era: A Wake Up Call?