2/25/26, 6:23 AM ABA issues first ethics guidance on a lawyer's use of AI tools
July 29, 2024
ABA issues first ethics guidance
on a lawyer's use of AI tools
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CHICAGO, July 29, 2024 - The American Bar Association Standing Committee
on Ethics and Professional Responsibility released today its first formal opinion
covering the growing use of generative artificial intelligence (GAI) 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 GAI 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 GAI.
"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 GAI tools
as they develop."
The 15-page opinion specifically outlined that lawyers should be mindful of a
host of model rules in the ABA Model Rules of Professional Conduct, including:
Model Rule 1.1 (Competence). This obligates lawyers to provide
competent representation to clients and requires they exercise the
"legal knowledge, skill, thoroughness and preparation reasonably
necessary for the representation." In addition, the model rule states
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2/25/26, 6:23 AM ABA issues first ethics guidance on a lawyer's use of AI tools
lawyers should understand "the benefits and risks associated" with the
technologies used to deliver legal services to clients.
Model Rule 1.6 (Confidentiality of Information). Under this model rule,
a lawyer using GAI must be cognizant of the duty to keep confidential
all information relating to the representation of a client, regardless of
its source, unless the client gives informed consent. Other model rules
require lawyers to extend similar protections to former and
prospective clients' information.
Model Rule 1.4 (Communications). This model rule addresses lawyers'
duty to communicate with their clients and builds on lawyers' legal
obligations as fiduciaries, which include "the duty of an attorney to
advise the client promptly whenever he has any information to give
which it is important the client should receive." Of particular relevance
to GAI, Model Rule 1.4(a)(2) states that a lawyer shall "reasonably
consult" with the client about the means by which the client's
objectives are to be accomplished.
Model Rule 1.5 (Fees). This rule requires a lawyer's fees and expenses
to be reasonable and includes criteria for evaluating whether a fee or
expense is reasonable. The formal opinion notes that if a lawyer uses a
GAI tool to draft a pleading and expends 15 minutes to input the
relevant information into the program, the lawyer may charge for that
time as well as for the time necessary to review the resulting draft for
accuracy and completeness. But, in most circumstances, the lawyer
cannot charge a client for learning how to work a GAI tool.
"With the ever-evolving use of technology by lawyers and courts, lawyers must
be vigilant in complying with the Rules of Professional Conduct to ensure that
lawyers are adhering to their ethical responsibilities and that clients are
protected," Formal Opinion 512 concluded.
The standing committee periodically issues ethics opinions to guide lawyers,
courts and the public in interpreting and applying ABA model ethics rules to
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2/25/26, 6:23 AM ABA issues first ethics guidance on a lawyer's use of AI tools
specific issues of legal practice, client-lawyer relationships and judicial
behavior. Other recent ABA ethics opinions are available here.
The ABA is the largest voluntary association of lawyers in the world. As the
national voice of the legal profession, the ABA works to improve the
administration of justice, promotes programs that assist lawyers and judges
in their work, accredits law schools, provides continuing legal education,
and works to build public understanding around the world of the
importance of the rule of law. View our privacy statement online. Follow
the latest ABA news at www.americanbar.org/news and on X (formerly
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