Ethical And Professional Responsibility In AI- Enhanced Legal Practice: Need For A New Code Of Conduct
- IJLLR Journal
- Aug 12
- 2 min read
Sreddha Gopakumar Krishna, Assistant Professor of Law, Bharata Mata School of Legal Studies, Aluva
ABSTRACT
The legal profession is governed by deeply rooted ethical principles such as integrity, confidentiality, accountability, independence, and the duty to act in the best interests of clients. In India, these principles are codified in the Advocates Act, 1961 and the Bar Council of India Rules, which regulate professional conduct, client-lawyer relationships, and disciplinary proceedings. However, the rapid proliferation of Artificial Intelligence (AI) in legal practice—through tools such as predictive analytics, automated contract review, legal chatbots, and AI-assisted adjudication—has introduced unprecedented challenges to these foundational duties.
AI’s use raises complex questions about technological competence, client confidentiality, duty of care, unauthorized practice of law, and accountability for algorithmic decisions. The existing regulatory framework under the Advocates Act lacks explicit provisions to address such concerns, leading to legal and ethical ambiguity. For example, lawyers have no formal guidance on whether delegating tasks to AI tools meets the standard of professional diligence under Rule 11 of the BCI Rules, or how to ensure client consent and data protection in AI-assisted services. This paper critically examines the intersection of legal ethics and AI in the Indian context, arguing that the current professional code is inadequate to safeguard the core values of the legal profession in an AI-enhanced environment. Drawing on comparative international frameworks (e.g., ABA Model Rules, EU AI Act), real-world case studies, and doctrinal legal analysis, it proposes the adoption of a new Code of Conduct or a technological ethics supplement to the existing BCI Rules. The proposed reforms focus on embedding principles of transparency, human oversight, fairness, and digital accountability, while preserving the profession's commitment to justice and the rule of law. Ultimately, the paper calls on the Bar Council of India to exercise its rule-making powers under Section 49 of the Advocates Act to formulate binding ethical standards for AI use, ensuring that legal innovation remains ethically grounded and professionally accountable.
