NBA Issues Guidelines on AI Use in Legal Practice Amid Ethical Concerns
The Nigerian Bar Association (NBA) has released guidelines for the use of Artificial Intelligence (AI) by legal professionals in Nigeria, expressing concerns that its improper use could lead to violations of ethical rules guiding the practice of law in the country.
While acknowledging the immense potential of AI to enhance efficiency, accuracy, and accessibility in the delivery of legal services, the immediate past NBA President, Yakubu Maikyau, said the integration of AI into the legal profession “raises complex ethical, legal, and regulatory questions that demand careful consideration.”
In the guidelines, the NBA pointed out that AI offers Nigerian lawyers valuable tools to enhance their practice, such as automating repetitive tasks like contract review, freeing up time for complex legal matters requiring expertise and judgment. However, it cautioned that overreliance on AI can interfere with a lawyer’s duty to exercise diligence, caution, and care owed to clients.
The guidelines state, “Given that AI cannot be trusted to make correct decisions or provide accurate information, a lawyer has a duty not to rely fully on AI otherwise he violates his duty of care under Rule 14(1).”
The NBA also observed that AI algorithms can inherit biases from the data they are trained on, potentially leading to discrimination or suggesting unlawful actions, violating Rule 15(3)(h) of the Rules of Professional Conduct for Legal Practitioners 2023 (RPC). Lawyers are advised to be aware of potential biases and critically evaluate AI outputs to ensure compliance with ethical and legal obligations.
Another concern raised in the guidelines is the potential misuse of AI to generate or alter evidence supporting a party’s position, such as creating false alibis or witness statements. The NBA stated that lawyers must do their best to ensure pieces of evidence used or kept by them do not fall into this category to avoid violating Rule 15(3).
The use of AI is growing rapidly across industries globally, but ethical concerns, particularly around privacy and the potential loss of human control, remain major challenges. The NBA’s guidelines aim to address these issues and provide a framework for the responsible use of AI in the Nigerian legal profession.
