Using AI for legal services? You might be engaging in unauthorized practice of law (UPL).
As a boutique law firm in Seattle, By Design Law offers a range of critical services to businesses and individuals across Washington. Whether you need help navigating intellectual property, cybersecurity, consumer protection, or business law, we’ve got you covered.
As artificial intelligence (AI) continues to emerge as an increasingly important technology across sectors, understanding its limitations has never been more important. For professionals in highly regulated industries, the question of whether AI can be used shouldn’t be the only consideration.
In the world of law, there are numerous potentially beneficial AI applications for attorneys across practice areas. However, legal practitioners must take extra care not to implement AI in a way that could qualify as Unauthorized Practice of Law (UPL). In simple terms, UPL refers to someone who provides legal services who is unlicensed, disbarred, or has no bar admission that allows them to do so legally.
The intersection of AI and UPL is complex, and navigating it requires a deep understanding of both legal principles and AI technologies. Determining whether or not AI applications qualify as UPL is often situation-dependent, but don’t worry — By Design Law is here to help. This article will explore if and when AI is considered UPL, why, and how to leverage AI to improve your business without violating your legal obligations.
What Is Unauthorized Practice of Law in WA?
Each state has its own rules and regulations that govern what constitutes UPL. In Washington State, UPL is primarily governed by two statutes: RCW 2.48.180 and RPC 5.5 . These statutes are designed to protect consumers from receiving low-quality and fraudulent legal assistance from unauthorized practitioners.
Here are a few of the key features of UPL in Washington State:
- Practice of law. According to RCW 2.48.180, the ‘practice of law’ in Washington State includes activities such as representing clients in court, providing legal advice, doing legal research for others, and preparing legal documents. However, this term ultimately applies to any activity that requires legal expertise.
- Licensing requirements. In Washington, only individuals who have been admitted to the Washington State Bar Association (WSBA) and have an active license are allowed to practice law. Performing legal services in the absence of these criteria qualifies as UPL.
- Prohibited activities (for non-lawyers). Washington law prohibits non-lawyers from providing legal advice, representation, or interpretation — for individuals or businesses. It also prohibits non-lawyers from drafting legal documents, including contracts, pleadings, and wills, on behalf of others.
- Permissible activities (for non-lawyers). In Washington, certified Limited Practice Officers (LPOs) are allowed to perform certain legal services related to real estate transactions. State law also permits Limited License Legal Technicians (LLLTs) to offer specific legal services in certain areas of the law.
- Consumer recourse. Washington courts can issue injunctions to prevent individuals from engaging in UPL and order violators to pay fines and restitution to consumers. Allegations of UPL may also result in investigations, criminal charges, and civil litigation against the violator.
Washington’s UPL laws are designed to discourage fraudulent practitioners from providing legal services, protect consumers from unqualified lawyers, and provide the public with a means for recourse. Understanding the nature of these regulations is critical to how they interact with AI.
Potential UPL Concerns with AI
Lawyers can access numerous AI applications, such as ROSS Intelligence, Lex Machina, Kira Systems, and many more, to stream their work and perfect their processes. When doing so, however, attorneys must be aware of the potential UPL issues that can arise as a result. Here are a few of the UPL concerns associated with AI:
- Provision of legal advice. Lawyers need to avoid using AI applications that interpret the law, apply legal principles to specific cases, and offer legal advice to clients, as these functions are reserved for licensed attorneys.
- Consumer protection. When a lawyer engages in UPL by using AI systems that lack the nuanced understanding necessary to navigate real-life cases, it doesn’t just jeopardize the attorney — it also endangers consumers. It’s critical that legal professionals avoid using AI applications that could potentially offer unqualified legal advice to clients.
- Accountability. Licensed attorneys are subject to professional responsibility rules, and when they violate them, they may incur disciplinary action. However, there is currently no accountability mechanism for holding an AI system responsible for harmful legal advice.
- Liability. The ambiguity surrounding accountability raises significant concerns about liability. If an AI system provides legal advice that is incorrect or harmful, determining which party should be held liable could prove challenging.
- Regulatory response. As with any emerging technology, regulatory bodies are still figuring out how to effectively regulate AI systems in the legal world in a way that both ensures consumer protection and maintains the integrity of the legal profession.
At the end of the day, responsible integration of AI systems into the legal profession will require balancing innovation and regulatory measures. Although AI tools have the potential to make legal services more affordable, accessible, and efficient, they could also cause harm to consumers in the absence of a robust regulatory framework. Establishing clear, across-the-board standards for the use of AI in legal services could go a long way in mitigating UPL concerns.
By Design Law: Customized Legal Solutions for Seattle Individuals and Businesses
At By Design Law, we understand that innovations — including AI systems for legal services — hold both potential advantages and disadvantages for consumers. We are committed to navigating these complexities by staying informed about regulatory developments, advocating for responsible policy-making, and continuing to deliver the highest quality of legal services to our clients in Seattle and beyond.
Have a legal concern? Contact By Design Law online to schedule an appointment with a passionate attorney today.
