Navigation ABA issues first ethics guidance on a lawyer’s use of AI tools
The American Bar Association Standing Committee on Ethics and Professional Responsibility released its first formal opinion covering the growing use of generative artificial intelligence in the practice of law, pointing out that model rules related to competency, informed consent, confidentiality, and fees principally apply.
Formal Opinion 512 states that to ensure clients are protected, lawyers and law firms using Gen AI must “fully consider their applicable ethical obligations,” which includes duties to provide competent legal representation, to protect client information, to communicate with clients, and to charge reasonable fees consistent with time spent using AI.
“This opinion identifies some ethical issues involving the use of GAI tools and offers general guidance for lawyers attempting to navigate this emerging landscape,” the formal opinion said. It added that the ABA committee and state and local bar association ethics committees will likely continue to “offer updated guidance on professional conduct issues relevant to specific AI tools as they develop.”
