The Nigerian Bar Association (NBA) has expressed concerns that the use of artificial intelligence by lawyers could lead to a breach of ethical rules governing the practice of the profession in Nigeria.
The Association made this statement while publishing Guidelines for the Use of Technology by Legal Professionals in the country.
While noting that AI is at the forefront of the technological revolution offering immense potential to improve efficiency, accuracy and accessibility in the delivery of legal services, former NBA President Yakubu Maikyau said the integration of AI in the legal profession “raises complex ethical, legal and regulatory issues that require careful consideration.”
The guidelines
Highlighting the importance of responsible adoption of AI that respects human oversight, data privacy and transparency in decision-making, the NBA noted in its guidelines that AI offers Nigerian lawyers valuable tools to enhance their practice.
- She added that automating repetitive tasks like reviewing contracts frees up time for complex legal matters requiring expertise and judgment.
- The Bar noted, however, that excessive use of AI may interfere with a lawyer’s duty of care, diligence and prudence owed to his client.
“Given that AI cannot be trusted to make correct decisions or provide accurate information, a lawyer has a duty not to rely entirely on AI, otherwise he or she will be in breach of his or her duty of care under Rule 14(1),” it states in the Guidelines.
She also observed that AI algorithms can inherit biases from the data they are trained on, raising concerns that AI could perpetuate discrimination or suggest unlawful actions, potentially leading to violations of Rule 15(3)(h) of the Legal Practitioners’ Code of Conduct 2023 (RPC).
“Lawyers must be aware of the potential biases of AI tools and critically evaluate the results to ensure they are meeting their ethical and legal obligations,” he added.
- According to the guidelines, some AI tools can generate or modify evidence in a way that supports a party’s position.
- She cited as an example that AI can be used to generate an image of a client showing him in a particular location to serve as an alibi in a criminal trial or a false statement by a witness, written or oral, which is developed after training the model on voice or handwriting samples of the witness in question,
- While noting that this could potentially lead to a breach of Rule 15(3), he said lawyers must do their best to ensure that evidence used or retained by them does not fall into this category.
What you need to know
- Although the use of AI is growing day by day in all industries globally, the ethical issues surrounding it are a major concern for many users.
- The issue of privacy is a major concern, fueled by the fact that AI systems often require access to large amounts of data, including sensitive personal information.
- Additionally, as AI systems become more autonomous, concerns also arise about the potential loss of human control.
