The International Bar Association (IBA) has formally endorsed the Council of Europe’s Framework Convention on Artificial Intelligence and Human Rights, Democracy and the Rule of Law.

The framework convention is the first ever international legally binding treaty for the governance of artificial intelligence (AI). The convention aims to ensure that activities within the lifecycle of AI systems are entirely consistent with human rights, democracy and the rule of law.

Almudena Arpón de Mendívil Aldama, president of the IBA, commented: “The Council of Europe’s AI convention establishes a necessary foundation to protect human rights, democracy and the rule of law in our digital age. Lawyers and law societies worldwide should seek to ensure its rapid adoption and implementation.”

This endorsement follows a report from the IBA and the Center for AI and Digital Policy (CAIDP), which showed that almost half of lawyers surveyed supported regulation around the use of AI in the legal profession.

The report – The Future is Now: Artificial Intelligence and the Legal Profession – was launched by the IBA president in a keynote address at the recent IBA annual conference and was covered by IBA Daily News, a sister publication of this title.

It found that 48% of survey respondents back AI regulations, with 57% calling for regulatory consistency worldwide.

Arpon de Mendivil said: “Meeting the challenge posed by AI developments at the legal front, the IBA has assessed and highlighted the crucial role lawyers must play remaining at the centre of governance of technological changes. AI may not result in opaque systems endangering fundamental rights and values of modern societies.”

She added that the legal profession needs to embrace AI and that the IBA was committed to providing ongoing support and guidance to ensure AI technologies are developed and used to benefit the legal profession and society more broadly.

Some 43% of respondents said their firms have policies in place around the use of AI, while 69% said they needed to be made aware of the extent to which AI regulation would impact their firms. The report also highlighted the transformative potential of generative AI, which could significantly change law firm strategies and how they operate.  

It warned, however, that implementing AI in law firms will require extensive training and development programmes to ensure it is used safely and effectively. The report said that firms must also ensure they effectively manage data governance, security, intellectual property, privacy and policy development.

They should also be mindful of AI’s influence on hiring practices and any potential ethical issues arising from using AI.  

Marc Rotenberg, executive director of the CAIDP, who gave the keynote address in Mexico City, said: “As AI continues to evolve, we must establish robust policies and frameworks to ensure fairness, accountability and transparency. This report is crucial, providing valuable insights and recommendations for legal professionals and policymakers alike.”

The report follows the work of a task force dedicated to addressing AI launched at the IBA 2023 Annual Conference in Paris, which looked at the evolving landscape of AI technology as part of the IBA’s strategic goal of safeguarding core professional values while enhancing member services and knowledge of pertinent legal developments.