On November 13, 2024, the Federal Council of the Brazilian Bar Association announced that it approved, on November 11, 2024, guidelines for the use of artificial intelligence (AI) for legal practice.

What does the Bar Association recommend for lawyers using AI?

The guidelines recommend that:

• when inserting information into AI systems, lawyers must ensure the confidentiality and professional secrecy of the data, especially if the information may identify the client;
• lawyers must conduct due diligence when choosing an AI system to ensure that the supplier will adopt security measures and will not use the information to train the AI;
• lawyers must be aware of the sharing of data contained in AI systems;
• chatbots should not be used in the authorized practice of law, and clients must be made aware that they are speaking to a machine;
• complying with the General Data Protection Law (LGPD) is essential before inserting confidential information into AI systems;
• lawyers should also ensure the ethical use of AI, in a way that legal decision-making is not made by AI without human supervision; and
• special attention should be given to research of jurisprudence by AI systems since lawyers are responsible for the accuracy of the information in court.

In addition, the guidelines also recommend that law firms:

• establish clear policies on cybersecurity and the use of AI in the office;
• provide training on the ethical and safe use of AI tools; and
• monitor compliance with ethical standards related to the use of AI.

You can read the press release here and the guidelines here, both only available in Portuguese.