Regulating AI In Legal Services: Professional Ethics And The Question Of Liability
- IJLLR Journal
- 1 minute ago
- 1 min read
Vera Kotian, Kirit P. Mehta School of Law (NMIMS)
ABSTRACT
Artificial intelligence has rapidly moved from a futuristic concept to an everyday tool in legal practice, promising unparalleled efficiency in research, drafting, compliance, and litigation support. However, the accelerated integration of AI raises serious ethical concerns that existing professional frameworks in India are unprepared to address. This paper explores how AI- induced errors-hallucinations, fabricated citations, and misinterpretations- challenge fundamental obligations imposed on advocates by the Bar Council of India Rules. The paper illustrates, through incidents such as Mata v. Avianca and the Buckeye Trust v. PCIT order, how blind reliance on unverified AI could mislead courts and undermine judicial reasoning. It further considers the growing risk to client confidentiality with the increasing use of legal professionals uploading sensitive information to AI systems that have inadequate privacy protection and may retain data indefinitely. The discussion then shifts to the evolving question of liability, considering developments such as the Product Liability Directive of the EU with a view to determining whether liability can extend beyond lawyers to developers and other actors in the AI supply chain. Thereafter, the paper argues that, irrespective of progress in technology, the ultimate duty of oversight, accuracy, and ethical compliance remains with legal professionals. Finally, it concludes by emphasising the need for clearer regulatory guidelines, training in AI literacy, and more stringent transparency requirements in ensuring that AI supports, rather than compromises, the values underlying the legal profession.
Keywords: artificial intelligence, legal ethics, AI hallucinations, client confidentiality, professional liability
