AI in Law: Mexico's Ethical Challenges and Regulatory Void

The use of generative artificial intelligence (AI) in the legal profession presents ethical and regulatory challenges. While the American Bar Association (ABA) has issued guidelines for the responsible application of such technologies, Mexico currently lacks a specific legal framework to address their impact on legal practice.

"Generative AI (Gen AI) has the potential to transform the practice of law, but requires rigorous ethical oversight to ensure quality and confidentiality in legal services," reads the ABA’s Formal Opinion 512.

AI adoption in the legal sector has accelerated in recent years, with tools that generate document drafts or analyze large volumes of legal data becoming commonplace. However, the ABA has identified key risks, including algorithmic bias, inaccurate results, and confidentiality breaches.

To mitigate these risks, the ABA outlined three primary ethical guidelines in Opinion 512: oversight, data protection, and result validation. These are aligned with its seven-module rules, which emphasize competence, confidentiality, communication, meritorious claims and contentions, candor toward the tribunal, supervisory responsibilities, and reasonable fees. In contrast, Mexico has yet to develop formal policies to guide the ethical use of such technologies in legal practice.

"With the ever-evolving use of technology by lawyers and courts, it is crucial that legal professionals adhere to the Rules of Professional Conduct to safeguard ethical responsibilities and protect clients," the ABA asserts in Opinion 512.

First, lawyers must demonstrate professional competence, including a thorough understanding of both the capabilities and limitations of these technologies. Ensuring the confidentiality of processed data is equally critical, protecting it from unauthorized access or breaches that could compromise client information.

"Ensuring that data is well safeguarded is a widespread concern, and is the main fear of users when choosing a technology provider," noted Rodrigo Gómez, CEO of Legalario in a previous interview with Mexico Business News.

Adequate supervision of the use of these tools by assistants or collaborators is another essential strategy to ensure ethical and quality standards are maintained. Likewise, legal professionals have a responsibility to communicate transparently with clients about the use of these technologies, clearly outlining their inherent risks.

Finally, the ABA emphasizes  the need for independent validation of AI-generated results before their integration into any legal process. This validation ensures accuracy and relevance, establishing a framework of accountability for the safe and ethical adoption of AI technologies in the legal domain.

Legal Challenges in Mexico

While AI has the potential to improve efficiency and transparency, its effective implementation within the Mexican market will depend on how ethical and regulatory concerns are managed, this according to Juan Francisco Aguilar Hernández, criminal lawyer and Local Deputy of San Luis Potosí

"The automation of routine tasks, such as document review or case classification, could alleviate the overload of the judicial system and streamline information processing, reducing case resolution times. However, the creation of a regulatory framework to regulate their use in this area and ensure that final decisions are always made by human beings is still pending," said Hernandez.

In Mexico, existing laws such as the General Law on Personal Data Protection and the Civil and Criminal Codes require confidentiality and ethical compliance in legal practice. However, these regulations do not specifically address the use of advanced technologies such as Gen AI, leaving a significant regulatory gap.

Another important consideration is the potential for reducing bias in judicial decision-making. While AI could contribute to greater objectivity by mitigating human biases and emotions that often influence judgments, it also presents risks.

"The absence of human oversight in the use of AI could generate erroneous decisions, underscoring the need for these tools to serve as a support and not a replacement for human labor," noted Hernandez. "It is essential to avoid unsupervised automated decisions, which could compromise the fairness of the system."

Finally, ethical challenges related to protecting human rights must be addressed. AI implementation must uphold fundamental principles such as privacy, due process, and the right to an adequate defense.

"Technology does not supplant people, but takes on specific tasks. Legal work will evolve to be less repetitive and more automated," stated Andres Girault, CEO and Co-Founder of Alitech, in an MBN interview. "The role of the lawyer, as a legal expert guiding companies to make the best decisions, is indispensable and will remain so."

Girault emphasizes that creating independent oversight bodies is an urgent priority. These entities would monitor and regulate the use of AI in the legal field, ensuring its adoption aligns with the ethical principles foundational to the profession.