The rules of legal ethics are important at all times as they define standards of conduct and professional ethics for lawyers. In this context, digitalization brings certain changes and challenges such as confidentiality preservation, electronic evidence, social media, and more.
The rules of legal ethics, approved by the Congress of Advocates of Ukraine on 9.06.2017 (with subsequent amendments), establish standards of professional conduct for lawyers and aim to unify the consolidation of traditions and experience of the Ukrainian legal profession in the interpretation of norms of legal ethics, as well as universally recognized deontological norms and rules adopted in the international legal community. However, against the backdrop of the development of new technologies, digitalization of the legal profession, active presence of lawyers on social networks, and the use of automated services, there is an objective need to assess how the current version of the Rules of Legal Ethics meets the challenges of today.
From the experience of the Legal Element Law Firm, the active development of new technologies and information tools has significantly transformed legal activities, leading to the emergence of a number of innovations. Among the most important changes to highlight are:
- electronic document flow and data exchange, significantly speeding up work processes;
- use of social networks as a tool for attracting clients and professional communication with colleagues;
- application of artificial intelligence for analyzing large volumes of information and preparing legal documents;
- video conferencing as an effective means of communication with clients and other participants in legal proceedings;
- virtual technologies for preparing for court hearings and remote interaction with clients;
- internet libraries and databases that assist in information search and defense strategy formation.
In summary, it can be stated that digitalization contributes to the modernization of the legal sphere, expanding its functional capabilities and sources of legal information. This transformation involves:
- improving information resource management systems, including through the participation of lawyers in the development of the Unified Judicial Information and Telecommunication System;
- expanding access to state registers and databases within legal practice;
- creating online libraries of modern legal literature with the ability to order it through a “personal account” on the NAAL website.
The digital transformation of the legal profession is not just about introducing innovations but also about finding effective approaches to digitizing legal information. It is a comprehensive process that encompasses informatization, automation, and digitization of functions related to legal practice, administration of bar associations, and provision of legal assistance at a qualitatively new level.
Key advantages of digitalization include:
- reducing the workload on lawyers;
- simplifying document filing and request procedures;
- reducing costs in the case of providing online consultations and other digital services.
The current version of the Rules of Legal Ethics does not contain a separate regulation regarding:
- maintaining legal blogs;
- use of artificial intelligence;
- public analysis of court decisions;
- acceptable limit of criticism of actions of state bodies on social media.
As a result, the lack of regulatory clarity can lead to inconsistent evaluation of similar actions, potentially creating space for subjective interpretation or internal censorship. For example, Article 57 of the Rules of Legal Ethics establishes a general obligation to adhere to ethical principles when posting information on the Internet but does not contain specific criteria for evaluating behavior in digital communication formats.
Over the past years, the interaction of artificial intelligence with the legal profession has increasingly become the focus of attention of the scientific community, professional organizations, and international institutions. Technological progress opens up new opportunities for legal activities while also posing a number of ethical, legal, and practical challenges.
In particular, researcher A. Salyzyn emphasizes the need to update professional ethical codes in connection with the integration of AI in the provision of legal services and analyzes ways to maximize its advantages while minimizing associated risks [1].
Other experts focus on specific aspects of this process. For instance, L. Eliot proposes introducing an obligation for lawyers to inform clients about the use of AI in legal assistance processes, aiming to ensure transparency and strengthen trust in the legal profession [2].
At the international level, the response to challenges related to the ethics of AI application has not been delayed. In 2021, UNESCO adopted the Recommendation on the Ethics of Artificial Intelligence, which establishes basic principles such as transparency, accountability, respect for human rights, ensuring fairness and non-discrimination [3].
In the European Union, work is underway to implement a comprehensive regulatory act — Artificial Intelligence Act, which aims to introduce a regulatory model for AI systems posing an increased risk, including in the field of justice. The document includes requirements for the quality, safety, and ethics of such systems [4].
By using AI, a lawyer is obliged to ensure that their actions comply with both legal norms and the spirit of professional ethics [5].
In Ukraine, the issue of ethical use of artificial intelligence by lawyers has not yet received extensive scientific study. However, at the level of state policy, the first steps have already been taken to understand the challenges associated with the digitalization of legal activities, laying the groundwork for further development of relevant ethical and regulatory frameworks.
In view of the above, it is advisable to initiate the consideration of such issues:
1. Creating a separate section of the Rules of Legal Ethics dedicated to digital behavior of lawyers.
2. Developing official clarifications from the Bar Council of Ukraine regarding the limits of permissible publicity, commenting on court cases, maintaining blogs, and using innovative technologies.
3. Introducing a consultative mechanism for the prior analysis of complex or new forms of behavior.
4. Public discussion of the draft changes involving practicing lawyers, researchers, and representatives of disciplinary bodies.
Therefore, legal ethics is a living tool of professional responsibility, not fixed archaic slogans. Updating rules should not be seen as a departure from traditions but rather as a way to preserve legal independence in the face of new realities. Ensuring legal certainty, predictability, and equality in the application of ethical norms is the basis of trust in the legal profession — both from clients and the state.
Literature
1. Salyzyn A. AI and Legal Ethics. Martin-Bariteau F., Scassa T. (eds.). Artificial Intelligence and the Law in Canada.
2. Eliot L. Considering An Attorney Duty To Inform Clients About AI-Based Legal Usage. – SSRN Electronic Journal, 2021. DOI: 10.2139/ ssrn.3966726.
3. UNESCO. Recommendation on the Ethics of Artificial Intelligence. – Paris: UNESCO, 2021.
4. European Commission. Proposal for a Regulation laying down harmonised rules on Artificial Intelligence (Artificial Intelligence Act), COM(2021) 206 final, 21 April 2021.
5. Bandurka S.S. Legal and ethical aspects of using artificial intelligence by a lawyer in resolving private disputes. Legal Scientific Electronic Journal. No. 1/2025. p. 749-751.
Author: ANDRIY SMIRNOV, lawyer, managing partner of the Legal Element Law Firm