•  
  •  
 

NSU Undergraduate Law Journal

Abstract

The rapid integration of artificial intelligence into the legal profession has transformed legal research, drafting, and decision-making, while simultaneously introducing novel ethical, regulatory, and liability risks. As attorneys increasingly rely on generative AI systems, concerns surrounding hallucinations, bias, confidentiality breaches, and deceptive outputs have led to heightened scrutiny for both legal professionals and AI developers. This paper examines the current and emerging landscape of artificial intelligence liability in the United States. It gives particular attention to the absence of a comprehensive federal regulatory framework, the constitutional controversy surrounding Executive Order 14179, and its preemption of state AI legislation.

By analyzing federal initiatives, comparative frameworks such as the European Union Artificial Intelligence Act, and existing professional responsibility standards enforced through the American Bar Association, this paper identifies the evolving obligations of AI providers and legal professionals that deploy AI. It evaluates how liability is allocated in litigation arising from AI-generated errors, emphasizing that attorneys remain accountable for court submissions under existing ethical rules. While developers are expected to face increasing exposure under product liability and consumer protection theories as AI adaption in the legal field expands.

Finally, the paper proposes best practices for mitigating AI-related liability for both legal professionals and AI providers. This includes enhanced verification protocols, confidentiality safeguards, disclosure requirements, incident response planning, and greater transparency in system design. In the absence of unified federal standards, this analysis reinforces the importance of proactive compliance, ethical awareness, and risk management to ensure responsible AI adoption within the legal field.

Download

Included in

Law Commons

Share

COinS