Use of Artificial Intelligence
The Hartford seeks to balance the benefits of Artificial Intelligence (AI) technology while safeguarding against the potential risks of use or misuse. AI refers to a machine-based system that can make predictions, recommendations, or decisions. Generative AI is a type of AI that generates content in the form of data, text, images, sounds, or video. These guidelines refer generally to AI with the understanding that certain provisions relate primarily to generative AI.
If Panel Counsel utilizes any AI technology in the representation of The Hartford or its insureds, the acceptance of any legal assignment by Panel Counsel is conditioned on and subject to the agreement of Panel Counsel to appropriately use AI solutions as described below, with such agreement surviving termination of the representation or relationship with The Hartford.
Panel Counsel agrees to:
- Use AI solutions in a manner that conforms with a lawyer’s ethical obligations, including the Rules of Professional Conduct.
- Develop and maintain written policies and procedures to verify that the use of AI is consistent with lawyer’s ethical obligations, including but not limited to establishing a mechanism to identify, report, and address potential AI biases or prejudices.
- Verify the accuracy and sufficiency of all information generated by AI.
- Ensure the validity of any court submissions where AI was used in the preparation of such submission.
- Disclose to The Hartford and/or its insureds the use of any generative AI in Panel Counsel’s representation.
- Take appropriate steps to ensure the confidentiality, information security, and data retention protocols of any AI provider before entering any nonpublic information into any AI system.
- Limit use of nonpublic information, including PII and confidential information, entered into an AI system as necessary in order to perform the requested legal services.
- Not enter any nonpublic information into any open-source AI system (e.g., ChatGPT).
- Sufficiently understand the AI technology to ensure that it is explainable, fair, accountable, and fit for purpose.
- Charge only for the actual time spent (e.g., crafting or refining generative AI inputs and prompts, or reviewing and editing generative AI outputs).
- Not charge The Hartford for the costs of any subscriptions, licenses, and other similar fees for the use of any AI solution.
- Maintain records (e.g., inputs, prompts, data and decisions) that allow for the recreation of generative AI usage in accordance with Panel Counsel’s records retention policy.
- Permit The Hartford, or its third-party auditor, to audit Panel Counsel’s use of generative AI and related billing.
- Panel Counsel shall defend and indemnify The Hartford against any claims, demands, losses, costs, expenses (including reasonable attorney’s fees and costs), obligations, liabilities, fines, penalties and other damages of any and all kinds against The Hartford arising from or related an actual or alleged breach by counsel or the law firm of these obligations related to AI.