Ethical Tensions in Using Applied AI Output from Predictive Technology

Your litigation analytical tool says your win rate for summary judgement motions in class action employment discrimination cases is ranked the best in your local jurisdiction according to the database used. Forget the problem with using PACER data for litigation analytics, possible modeling error or possible bias embedded in the tool. Can you communicate this applied AI output to a client or potential client? Are you creating an “unjustified expectation” that your client or potential client will achieve the same result for your next client matter?

According to the ABA’s Model Rules of Professional Conduct Rule 7.1, you are probably creating an “unjustified expectation.” However you may be required to use that information under Model Rule 1.1 because that rule creates a duty of technological competence. This tension between Model Rule 7.1 and Model Rule 1.1 is just begining to be played out.

For more, see Roy Strom’s The Algorithm Says You’ll Win the Case. What Do You Say? US Law Week’s Big Law Business column for August 5, 2019. See also Melissa Heelan Stanzione, Courts, Lawyers Must Address AI Ethics, ABA Proposal Says, Bloomberg Law, August 6, 2019.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.