Audio Summary

 

The Minnesota State Bar Association Working Group on AI explored the interaction between Large Language Models (LLMs), the Unauthorized Practice of Law (UPL) statutes, and lawyers' ethical obligations.

The Working Group sought to balance technological risks and risks of over-regulation with the potential benefits that LLMs can offer to enhance access to justice.

 

For example, the use of LLMs could help organizations provide assistance to those underserved by the current system, especially self-represented litigants.

 

Without LLMs

 

With LLMs

If organizations don’t have to worry about UPL, then they might be more likely to build innovative tools that support self-represented litigants and others in need.

So the committee called for a regulatory sandbox that would create a controlled environment for exploring these tools and their risks/rewards.

In the summer of 2024, the MSBA Assembly approved and clarified the AI Working Committee's recommendations:

1. Establish an AI Standing Committee as part of the MSBA

2. Pursue creation of a regulatory sandbox (and a few sandbox pilot projects) that would provide a controlled environment for organizations to use LLMs in innovative ways, without the fear of UPL prosecution

3. Create and promote educational sessions on AI

4. Study and make recommendations on a proposal for Minnesota to adopt a risk-based regulatory framework to assess risks and benefits of using LLMs in the legal context. 

5. Seek a draft opinion letter that organizations seeking to assist self-represented litigants with the help of of AI tools should not be subject to prosecution under the unauthorized practice of law (UPL) statute

6. Oversee and report to MSBA upon these initiatives.

Read the report

 

Illustrated Summary by Maddy Buck | www.maddybuck.com

---