ACC NCR: Discovery, Data Protection, and AI: How To Litigate Ethically and More Effectively Using Evolving AI Technology

As Artificial Intelligence (“AI”) and generative AI models continue to revolutionize various industries, the potential impact on litigation is profound, reshaping how organizations manage and analyze vast amounts of data in a protected environment. This panel will discuss how AI-driven tools can be leveraged to enhance the efficiency and accuracy of written discovery, document review, and data preservation, all while preventing exfiltration of company data and trade secrets. This panel will also delve into ethical considerations that arise as AI becomes more integrated into legal workflows, with a special focus on the ABA Model Rules of Professional Conduct and the application of the Virginia Rules of Professional Conduct:

• Rule 1.1 - Competence:  Lawyers must provide competent representation, which may include staying informed about the benefits and risks associated with relevant technology.
• Rule 1.6 - Confidentiality of Information:  Lawyers are required to protect confidential client information, which      includes understanding how AI tools may impact data security.
• Rule 1.7 - Conflict of Interest:  Identifying and managing potential conflicts that could arise from the use of AI in client matters.
• Rule 5.1 - Responsibilities of Partners, Managers, and Supervisory Lawyers:  Ensuring that lawyers within a firm are adequately supervising the use of AI tools to comply with ethical standards.
• Rule 5.3 - Responsibilities Regarding Nonlawyer Assistants:  Ensuring that AI tools and other nonlawyer resources used in legal work are subject to proper oversight and comply with ethical obligations.

Whether you’re a seasoned legal practitioner or new to the field, this panel will provide valuable insights on leveraging AI to stay ahead in the ever-changing landscape of discovery and data security.

Presented by Patrick Oot and Shannon Schoultz of Shook, Hardy & Bacon’s Complex Litigation and Strategic Counseling Groups, together with Meg Inomata, Senior Legal Counsel at Waste Management.

1.5 hours of VA Ethics Credit pending approval