Ethics

Can You Chat with a Bot About a Client’s Matter Without Revealing Client Information?

AI chatbots like OpenAI’s ChatGPT clearly have the potential to become useful tools in a lawyer’s toolbox. Of course, lawyers using AI chatbots, like lawyers using any other tools, must be mindful of their ethical obligations, including not only the duty to verify the accuracy of the results of legal research, but also the duty to maintain client confidentiality. In considering what client information can be used in prompting a chatbot, Rule 1.6 of the ABA’s Model Rules of Professional Conduct provides guidance, but not a bright-line rule.

Ethical Implications on the Use of AI in Legal Practice

Section 105(a) Doesn’t Give Rise to a Private Right of Action for Abuse of Process

With claims for abuse of process not available in a bankruptcy case, the offended party must pursue contempt or other sanctions created by the Bankruptcy Code, a California district judge says.

Section 959(a) Isn’t an Exception to the Barton Doctrine, 9th Circuit BAP Says

Section 959(a) doesn’t permit suing a trustee for breach of fiduciary duty outside of bankruptcy court.

Ethics Potpourri

Protecting Client-Protection Funds from Attorney Bankruptcy

Sept 2023

Ethics

Three Circuits Now Require Refunds for Overpayment of U.S. Trustee Fees

The government has filed a petition for certiorari raising the question of whether refunds are the proper remedy following the Supreme Court’s Siegel decision finding that the 2018 increase in U.S. Trustee fees was unconstitutional.