Artificial intelligence and digital tools are rapidly reshaping the legal landscape, but they do not eliminate the need for lawyers to comply with longstanding professional rules. The CLE program The Great Tech Quest of 2025: Ethical Considerations in AI, Deepfakes, Social Media, Cybersecurity, and Virtual Lawyering at the ABA Business Law Section (‘BLS’) 2025 Fall Meeting delivered a timely and thought-provoking exploration into the ethical, practical, and technological challenges facing today’s legal professionals.
The discussion, moderated by Jasmine Smith, Chair of the BLS Professional Responsibility Committee and Partner at Robinson Gray Stepp Laffitte, featured helpful insights from Amy Richardson, Partner at HWG LLP and Professor at Duke Law School, and Jon Garon, Associate Dean for Technology and Innovation at Nova Southeastern University’s Shepherd Broad College of Law. Exploring topics from deepfakes to cybersecurity, the panel reviewed the various ethical obligations that apply to lawyers in different technological contexts, including core themes of competence and client confidentiality. Hyperdiligence in the Age of AI and Deepfakes
Lawyers need to be ‘hyperdiligent’ that the information they receive is accurate and correct, particularly with the proliferation of deepfakes and other synthetic media, which are often used in schemes like falsified Zoom calls and elder fraud. According to Garon, almost $5 billion in elder fraud occurred in 2024 (for more information, see another CLE program from the 2025 Fall Meeting, Nana and Poppa Go High Tech: Digital Assets, Online Communities, and the Legal and Business Services Essential for an Aging Population ). Manipulated visuals can have a profound psychological impact, even influencing jury perception. Garon explained, ‘When somebody sees a falsified visual image, about 85% of the time in their recall, they will remember the image without necessarily remembering the information that told them it was fraudulent.’ Given these risks, ‘as fiduciaries, we need to be hyperdiligent for our clients, for our processes, and for our internal procedures,’ added Garon. This means precautions such as internal training, requiring two-factor authentication with every sign-in to protect data, and creating code words for financial transactions.
Lawyers also have an affirmative duty to make sure their clients do not misuse synthetic media to perpetrate fraud. If manipulated content is used in legal proceedings, lawyers must alert the court and opposing counsel, mitigate harm, and investigate misconduct. If a deceptive video of a client or key witness has been shared, for example, Garon suggested going to the U.S. Copyright Office with the original deposition and leveraging the notice and takedown provisions of the Copyright Act to get the video removed from the relevant platforms.
When using tools like artificial intelligence (‘AI’), particularly in litigation and client representation, lawyers should understand the information that is being shared with a tool or application, review the attendant privacy statements, be familiar with device privacy settings to protect confidential client information, and consider who is alerted when accessing information on various platforms. In certain instances, informed client consent may be necessary, such as where a lawyer decides to use generative AI to summarize a video deposition. Lawyers’ Online Conduct
As more law firms and lawyers use social media platforms like LinkedIn and TikTok for marketing, networking, client interaction, and diligence, Smith cautioned that lawyers must remain vigilant about confidentiality and the accuracy of information shared online. Garon pointed out that online content not only implicates legal professional ethical obligations but also Federal Trade Commission rules and state laws on unfair and deceptive trade practice.
Before posting on social media, get informed consent if the post contains information that could breach client confidentiality, even if couched in hypotheticals or revealing a client’s identity. Smith clarified, ‘If someone can deduce what you’re talking about, you may need informed consent.’ Lawyers should also be careful about posting workplace videos and photos to avoid inadvertently disclosing confidential information in the background (e.g., documents on a desk, text on a computer screen). ‘If in doubt, don’t post,’ she said.
When promoting legal services or achievements online, lawyers should ensure claims are accurate and not misleading. For example, a claim of a 100 percent win rate without context (such as the calculation being based on a single case) would be misleading. Richardson recommended using appropriate disclaimers. This obligation applies even when a lawyer uses another person or tool to create the content. Garon reminded the audience that ‘use of a tool is no different than use of an agent to create misinformation.’ Lawyers therefore should critically review the accuracy of any AI-generated content, as well as third-party endorsements such as recommendations and testimonials posted on a law firm site or LinkedIn, and remove any claims that are inaccurate or misleading, Virtual Lawyering
While remote work is increasingly accepted, lawyers must avoid holding themselves out as licensed in jurisdictions where they are not admitted. This prohibition extends beyond simply maintaining a physical office in a place where lawyer is not licensed to practice; it also includes having continuous and systematic contact with that jurisdiction and creating a recurrent impact there, or holding oneself out as being licensed to practice in that jurisdiction. Exceptions include in-house lawyers or lawyers who provide services authorized by federal law (e.g., the U.S. Patent and Trademark Office, immigration court). State rules governing the practice of law can vary, so Richardson recommended that lawyers comply with local rules and refer to the opinions of the jurisdiction in which they physically sit (not barred) or where the client is located (particularly during use of cloud-based communication tools). She reminded the audience that the obligations of competence, confidentiality, client communication, and staff supervision still apply with remote work. And in cases of uncertainty, Richardson recommended that lawyers call the legal ethics hotline in the state where they sit. Practicing Cyber Hygiene
Cyber hygiene is paramount when using digital tools. Yet, according to Garon, a 2023 ABA report revealed that only 80 percent of law firms had technology policies and less than 50 percent of firms had implemented email encryption. As a result, Garon urged lawyers to take steps to secure data, including adopting robust data security policies, continuous training, encryption, ‘least privilege’ access, as well as vetting cloud service providers for Health Insurance Portability and Accountability Act (‘HIPAA’) data security standards. ‘Very few firms can afford the consequences of a massive data breach or ransomware attack,’ he said.
Finally, the panel warned that free AI services are inappropriate for sharing confidential information and that lawyers must understand both technical and administrative safeguards for these tools. ‘If you’re not paying for the product, you are the product,’ Garon said. Conclusion
This session underscored the need for legal professionals to adapt to technological change while upholding existing ethical standards. As Garon stated, ‘Incorporating technology into the practice of law doesn’t change the ethics of the practice.’ Looking ahead, the legal profession must continue to evolve, balancing innovation with the responsibility of maintaining the highest standard of conduct and integrity in a digital age.
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