Malpractice occurs when a licensed, educated professional does not conform to professional standards. Many of the highest-profile malpractice cases involve allegations of medical malpractice. However, legal malpractice is another common issue that can have significant consequences for individuals.
People pay quite a bit for the guidance, advocacy and support of an attorney. They expect that the lawyers they hire should pay close attention to their legal matters and help them secure the best possible outcome. Legal malpractice occurs when an attorney fails to properly advocate for their clients or conducts themselves in a patently unprofessional manner. They may have breached their fiduciary duty to their clients or engaged in patently unprofessional conduct.
Recent changes in technology may have laid the groundwork for a significant increase in legal malpractice across the United States. The use of artificial intelligence (AI) can help cut down on repetitive job tasks, like producing text for emails to clients or briefs to submit to the courts. Unfortunately, AI may pose as many risks as it does benefits for those in the legal profession.
AI has already led to professional allegations
Early adopters of new technology sometimes rush forward without fully considering the consequences. Some lawyers embraced AI for text generation as soon as software became publicly available. There has been at least one well-documented case of a licensed attorney facing censure because of their use of AI after decades of legal practice.
They submitted documents to the courts that included text generated by AI that made inaccurate legal assertions. Specifically, the AI software fabricated legal cases as precedent. Those fabrications could have been corrected if the lawyer or someone else on their team had properly reviewed the documents before submitting them to the courts.
The American Bar Association (ABA) has new rules outlining restrictions on the use of AI while practicing law. Unfortunately, countless attorneys may have already harmed their clients by cutting corners and using generative AI to handle writing once produced by a person. Those who believe that they may have experienced legal malpractice related to the misuse of AI may have grounds for a legal malpractice lawsuit.
Reviewing the circumstances involving a negative legal outcome and questionable lawyer practices can help frustrated clients determine if they have the right to take legal action. A successful legal malpractice lawsuit can lead to financial compensation for the disappointed client and professional consequences for the unprofessional lawyer.