La Responsabilidad Civil de los Abogados Consultores y Litigantes Derivada del Uso Inadecuado de Herramientas de Inteligencia Artificial Generativa en el Ejercicio Profesional en el Contexto Colombiano

Abstract

This study is based on a general approach to the civil liability of lawyers arising from the improper use of artificial intelligence (AI) tools in Colombia and is developed through three main sections. First, it examines artificial intelligence and its application within the legal field. It begins by exploring the evolution and different types of AI used in legal practice, then analyzes the concept and functions of generative AI, and finally identifies the ways in which generative AI is currently employed in the legal profession. Second, the study addresses the civil liability of lawyers in the exercise of their professional duties. To this end, it examines the duty of professional diligence, identifies the legal requirements for establishing liability applicable to lawyers, and concludes with an analysis of the jurisprudential development of lawyers’ civil liability. Third, the research focuses on the civil liability of lawyers resulting from the improper use of AI. It analyzes the principles governing the use of AI in the legal field, as well as the associated risks, limitations, and professional duties. It also examines the elements required to establish liability in cases involving the improper use of AI. Finally, the conclusions address the adaptability of technological developments that currently shape legal practice and their impact on tort and damages law, demonstrating how these developments may be incorporated into the existing framework of civil liability. In addition, the study identifies future lines of research that emerge from this analysis.