Conference programme

The opportunities of artificial intelligence (AI) for lawyers are enormous, specifically: enhanced efficiency in legal research, drastically improved document review and analysis, predictive analysis and contract analysis and management.

Lawyers have a professional duty to understand the basics of AI and to use it for the clients benefit but also an ethical duty to understand the risks and challenges of such use – from bias to job skills to reliability and accountability.

This session will look at the AI Act. What does it means to be human centred or have ethical artificial intelligence (AI) focus? What is in the future for the development of AI? The session will delve deeper into each area so that there is a well-informed approach about its use within legal practice.

We will discuss the ethical issues for lawyers around non-disclosure agreements (NDAs), Strategic Lawsuits against Public Participation (SLAPPs) and other potentially predatory litigation.

Non-Disclosure Agreements (NDAs)

• Protecting legitimate interests or perverting the course of justice?

• When, where and in what form are NDAs acceptable?

• What types of clauses are unacceptable?

• What are the ethical obligations for lawyers drafting NDAs and advising clients?

• NDAs from the perspective of one client/litigant, Zelda Perkins, who said of hers ‘It is morally lacking on every level’.

Strategic Lawsuits Against Public Participation (SLAPPs)

• Are suggestions that lawyers are facilitating frivolous litigation aimed at silencing criticism greatly exaggerated?

• How do SLAPPs align with our obligations as lawyers to promote the protection of the fundamental right of freedom of expression?

• Are we, as lawyers taking our professional and ethical obligations seriously?

• Is there a risk that legitimate claims are being branded as SLAPPs?

• What are our obligations to interrogate clients’ instructions and advise them on the risks?

This session is about the increasing use by clients of ethics criteria when selecting lawyers. Clients may look at track records of fraud and corruption, disciplinary or regulatory history and environmental, social and governance (ESG), ranging from diversity and inclusion standards to sustainability commitments.

• How do clients apply ethics criteria in practice?

• What policies do they use and what are the experiences?

• What does this mean for law firms and for lawyers?

• Which dilemma’s do they face when it comes to privacy? Or when it comes to acting on other (potentially) controversial matters?

• Can a law firm be too ethical and ‘prize’ itself out of the market?

We will discuss these questions with clients and managing partners of law firms.

Join us for a lively, interactive debate about hot topics of the day.

This panel will cover the following topics:

• Looking back on recent global situations, how would you assess law firm responses. What could they have done differently?

• Who decides what your position should be – who is in the inner circle of decision making? Who do you trust in your organisation to give you the right advice, do you need external counsel?

The panel will discuss the reasons why this is such an important question to answer, why are we speaking out and how this is intrinsically linked to law firm culture.

The session will conclude with a toolkit/checklist of what to consider when grave situations occur, and how to avoid getting it wrong.

This session will consider whether lawyers and law firms should apply any ethical considerations in client selection.

• Should law firms represent oil and gas companies, tobacco business or clients from countries who have invaded other countries?

• Should law firms be screening potential new clients based on their environmental, social and governance (ESG) performance?

• How do decisions that law firms make around these types of questions ultimately impact their business?

• Are there other groups of clients that might be acceptable today, but with any future change in public opinion might raise reputational issues for the firm?

• How do law firms address the challenges of client selection?

• How do individual lawyers reconcile their own position with that of their firm?

Join us for another round of interactive debates about hot topics of the day.