In a proactive effort to promote ethical and responsible innovation, Elias Matias Advogados is glad to share insights into the groundbreaking recommendations approved by the Federal Council of the Brazilian Bar Association (OAB) for the use of artificial intelligence (AI) in legal practice. These guidelines, designed to safeguard confidentiality, uphold ethical standards, and ensure transparency, mark a pivotal step in fostering best practices for integrating generative AI into the legal profession while reinforcing trust and compliance with fundamental legal principles.

The Federal Council of the Brazilian Bar Association (OAB) has recently approved a set of recommendations to guide the use of generative artificial intelligence (AI) in legal practice. These guidelines aim to promote ethics and responsible use of such technologies, ensuring compliance with the fundamental principles of the legal profession and current legal regulations.

Drafted by the OAB’s National Observatory on Cybersecurity, Artificial Intelligence, and Data Protection, the recommendations focus on four key directives: 

Applicable Legislation

Confidentiality and Privacy

Ethical Legal Practice, and

Communication on the Use of Generative AI.

Their objective is to ensure AI adoption adheres to legal standard, including the Advocacy Statute, the OAB Code of Ethics and Discipline, the General Data Protection Law (LGPD), the Civil Procedure Code, and intellectual property regulations. Furthermore, the guidelines emphasize safeguarding client confidentiality, promoting ethical technology usege, ensuring transparency with clients regarding AI application, and periodically updating the recommendations to reflect technological and regulatory advancements.

Beto Simonetti, President of OAB Nacional, highlighted the significance of this initiative, stating, “Brazilian advocacy is being challenged by the advancement of AI, and the OAB is ready and prepared to handle these transformations.” He underscored that the responsible use of AI is a commitment not only to the legal profession but also to society, ensuring that technology benefits clients while enhancing the efficiency of the justice system.

The recommendations serve as a roadmap for the secure adoption of AI in the legal sector, offering reassurance to law firms implementing such technologies. According to the Observatory’s coordinators, these guidelines can strengthen trust between lawyers and clients by ensuring AI usage aligns with clients’ interests and respects the profession’s ethical boundaries.

Responsible and regulated development of these technologies is essential to prevent adverse outcomes, maximizing AI’s benefits while safeguarding security and maintaining human oversight. Key considerations include the necessity for lawyers to supervise AI usage, maintain transparency in client communication, uphold confidentiality, ensure service quality, and remain informed about relevant technologies advancements.

The recommendations also emphasize the importance of oversight and control of AI use within law firms. Legal professionals must ensure that all team members comply with established security and privacy protocols and receive ongoing training in the ethical and secure use of AI tools. Effective supervision is crucial to prevent AI from replacing human judgment and to guarantee that exclusive legal activities remain the responsibility of qualified lawyers.

While the OAB’s recommendations do not carry the force of law to impose sanctions, they serve as a vital reminder for lawyers to adhere to the OAB Code of Ethics and align AI usage with best professional practices. A central focus of the document is maintaining human oversight in decision-making and avoiding reliance on automated systems for tasks requiring professional judgment. IA should serve as a complementary tool rather than a substitute for the intellectual work of lawyers.

***

At Elias, Matias Advogados, we have established a Working Group on Artificial Intelligence to examine technological advancements and their implications for everyday legal practice. This group actively explores innovative tools, prioritizing their ethical and responsible use in alignment with the OAB’s published guidelines. Our focus is on integrating technological innovations to enhance the value of our services while upholding the ethical principles that underpin the legal profession.