1. Title of Resolution:
AI’s Impact on the Legal Profession
2. Proposing Entity:
CBA Section Name: Privacy and Access Law
3. (i) Person moving Resolution:
Will be present at Annual Meeting: Yes
Name: Christiane Saad
Firm name: ACUFC
E-mail: PrivacyLaw@CBA.org
3. (ii) Person seconding Resolution:
Will be present at Annual Meeting: Yes
Name: Lorne Randa
Firm name: Brownlee LPP
E-mail: PrivacyLaw@CBA.org
4. Governance Alignment Statement:
(Outline how the resolution supports or advances the Association’s strategic plan, values, and mission—See Strategic Direction for the CBA below.)
This resolution aligns with multiple CBA strategic pillars. It meets our members' needs by providing practical guidance, training, and resources to help lawyers use AI competently and ethically. It advances the public interest and administration of justice by addressing risks to solicitor-client privilege, public protection, and access to justice. It demonstrates CBA's proactive leadership on emerging issues affecting the profession by establishing a working group, engaging stakeholders, and advocating for principled AI governance frameworks that protect both the profession and the public.
5. Benefits and Impacts:
(Describe the expected outcomes and effects this resolution will have on the legal profession, public trust in the legal system, access to justice, the Rule of Law or other.)
This resolution would benefit the legal profession and the public by establishing a coordinated, principled approach to AI adoption in legal practice, while also demanding careful AI oversight to prevent ethical and professional risks. By developing practical guidance and competency frameworks, the CBA will help legal professionals harness AI's benefits in automation and analytics while protecting solicitor-client privilege, public trust, and the integrity of the justice system. The cross-sectional AI working group will increase cooperation and knowledge exchange across CBA sections, ensuring a coordinated, evidence-based approach to AI governance that serves both the profession and the public interest.
6. Estimated cost of implementation to CBA:
(Including financial and non-financial resources required such as the amount of any increase in budget requirements, and the amount of staff time to implement the resolution, volunteer time, communication needs etc.) Note: National Office staff can assist in calculating implementation cost.
CBA staff time to support related advocacy efforts, such as meetings with regulators and other stakeholders, can be included in the current budgetary allocation.
Volunteers for different sections can incorporate related work into their advocacy efforts and other activities.
The working group will assess resource requirements for specific deliverables and bring forward requests for any additional funding needs (e.g., external consultants, specialized expertise, program development) as implementation proceeds.
7. Contact person(s) who can assist in the implementation of the Resolution:
Name: Julie Terrien and Yves Faguy
Firm name: Canadian Bar Association, Chair of the Privacy & Access Section
E-mail: Juliet@cba.org | yvesf@CBA.org
8. Implementation Calendar:
(List proposed steps to be taken by the CBA to implement the Resolution and suggested dates for completion of each step.)
Follow a phased approach, integrating risk management, stakeholder engagement, and continuous oversight throughout the process:
| Phase | Key activities | Timing | Main stakeholders |
|---|---|---|---|
| Pre-Implementation Planning |
|
Months 1–4 | CBA leadership, sections, committees, staff |
| Stakeholder Engagement and assessment |
|
Months 4–8 | AI Working group members, staff, external experts |
| Resource Development |
|
Months 8–12 | AI Working group, CBA leadership, sections, committees, staff |
| Launch & Continuous Monitoring |
|
Months 12–18+ | AI Working group, CBA leadership, sections, committees, staff |
9. Indicator of Success
(Identify practical, measurable outcomes that will indicate successful implementation.)
Key Indicators of Success
These indicators collectively demonstrate that the AI working group and related activities are achieving their intended goals of responsible AI adoption, improved professionalism, and effective service delivery in the legal sector.
| Area | Indicators of Success |
|---|---|
| Advisory Group establishment |
|
| Stakeholder Engagement | Consultations conducted with legal professionals, judiciary, regulators, technology providers |
| Professional Standards |
|
| Impact |
|
10. Stakeholder Identification:
(List all affected stakeholders, including other CBA groups, Branches, Sections, Committees or Subcommittees who will be directly impacted and describe how these groups may be positively or negatively affected.)
Lawyer members who use AI, CBA staff to risk manage, CBA PD staff, Executive leadership, External partners (law societies, regulators), CBA Ethics and Diversity Committees.
Stakeholder Group 1: Lawyer members (including law students)
Potential impact: Practical guidance and alignment with regulators and judiciary; improved competence, efficiency, and professional protection
Negative: change fatigue and learning burden, uneven access and digital divide.
Stakeholder Group 2: CBA Staff
Potential impact: Strategic positioning and better visibility into emerging risks. Stronger organization-wide risk controls and consistency in AI approach, and process improvements. Member value and retention.
Negative: workload and capacity, complexity of tools assessments. Risk of overlap or tension with regulatory mandates.
Stakeholder Group 3: CBA sections & Committees
Potential impact: Improved collaboration with knowledge exchange, enhanced ability to interpret existing rules and influence national standards, closer dialogue with external bodies.
Negative: pressure to provide answers more quickly.
Stakeholder Group 4: External: Judiciary, Regulators, Experts
Potential impact: Improved ongoing dialogue and coherent action.
11. Risk Analysis:
(Outline foreseeable risks, including but not limited to operational challenges, financial, legal risks or any other barriers to implementation and proposed mitigation measures.)
Summary Table: Risks and Mitigation Strategies
This analysis highlights the importance of rigorous governance, ongoing oversight, and balanced integration of AI to minimize risks while harnessing AI’s benefits in the legal sector.
| Risk Category | Description | Mitigation Strategy |
|---|---|---|
| Volunteer fatigue | Advisory group ineffectiveness, project delays | Set clear, reasonable time expectations for volunteers |
| Budget constraints | Developing high-quality competency frameworks and guidance may require external consultants, tools, or research that exceeds available budget. |
|
| Stakeholder engagement risks |
|
|
| Rapid technological change | AI technology evolves faster than CBA can develop and update resources, making guidance obsolete quickly. |
|
| Reputational | Guidance perceived as too conservative or permissive: Member backlash, low adoption, perception that CBA is out of touch |
|
| Loss of momentum | After initial resources are published, working group or CBA attention may wane, leading to outdated guidance and missed emerging issues. | Establish regular review cycles |
12. Any information not appearing on the face of the Resolution to inform the deliberations:
(Attach or link to any background papers or other documentation in addition to this form. Attach or link to documentation in both French and English, where it exists in both official languages.)
Currently, several ongoing webinars and other continuing professional development (CPD) content are available at the CBA, complemented by the AI Academy, and toolkits like the “Ethics of Artificial Intelligence for the Legal Practitioner” which offers structured learning opportunities to enhance skills and knowledge in this evolving field. However, the primary objective is to improve collaboration among sections and committees on AI, with a focus on confidentiality, privacy, data protection, and ethics.
Strategic Direction for the CBA:
We are the essential ally and advocate of the legal profession and guardian of the rule of law.
Our mission includes seven core priorities:
- To improve the law
- To improve the administration of justice
- To improve and promote access to justice
- To promote equity in the legal profession and the justice system
- To improve and promote the knowledge, skills, ethical standards and well-being of members of the legal profession
- To represent the legal profession nationally and internationally
- To promote the interests of the members of The Canadian Bar Association
Our Strategic Pillars:
- Meet our members’ needs
- Expand our membership
- Promote equity and justice
- Enhance our internal cohesion
