ABA issues first ethics guidance on a lawyer’s use of AI tools

The American Bar Association (ABA) Standing Committee on Ethics and Professional Responsibility released Formal Opinion 512, addressing the use of generative artificial intelligence (GAI) in legal practice. The opinion emphasizes the application of existing model rules related to competency, informed consent, confidentiality, and fees when using GAI tools.

The opinion highlights that lawyers must provide competent representation, which involves understanding the benefits and risks associated with using GAI. This obligation is rooted in Model Rule 1.1, which requires lawyers to exercise the legal knowledge, skill, thoroughness, and preparation reasonably necessary for representation.

Regarding confidentiality, Model Rule 1.6 mandates that lawyers keep all client-related information confidential, including data processed by GAI, unless the client gives informed consent. This extends the same level of protection to former and prospective clients' information.

Effective communication with clients is essential, as outlined in Model Rule 1.4. Lawyers must discuss how GAI tools will be used to achieve the client’s objectives, ensuring transparency and maintaining their fiduciary duties.

When it comes to fees, Model Rule 1.5 requires that lawyers’ fees be reasonable. Lawyers can charge for the time spent using GAI tools, such as drafting documents, but not for the time spent learning to use these tools. This ensures that clients are billed fairly and only for the actual legal work performed.

The opinion underscores the need for lawyers to stay vigilant in adhering to ethical standards as technology evolves, ensuring client protection. The ABA committee and other ethics bodies are expected to continue providing updated guidance on the use of specific GAI tools.

For more information see "ABA issues first ethics guidance on a lawyer’s use of AI tools" American Bar Association, July 29, 2024.