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L2 · Confidentiality, privilege, accuracy and professional duties8 min read

Professional duties: competence, supervision, communication and fees

Lawyers' ethical rules already apply to AI. Bar regulators have spelled out how.

ABA Formal Opinion 512 (July 2024)

The American Bar Association's first formal opinion on generative AI applies the Model Rules to AI tools:

  • Competence (Rule 1.1): understand the capabilities and limits of the tools you use, and independently verify output. You don't need to be an AI expert.
  • Confidentiality (Rule 1.6): assess the risk that client information is disclosed or used by a "self-learning" tool. Before inputting client information into such a tool, informed client consent is required, and boilerplate in an engagement letter is not enough.
  • Communication (Rule 1.4): in some cases tell clients about AI use, for example when it affects the representation or fees, or when the client asks.
  • Candour and meritorious claims (Rules 3.1, 3.3): review output for invented law before filing.
  • Supervision (Rules 5.1, 5.3): managerial lawyers need clear AI policies and training, and must supervise staff and vendors.
  • Fees (Rule 1.5): don't bill for time not actually spent, and don't charge clients for learning a tool for general use.

State and national guidance

State bars have published guidance too, including the State Bar of California's practical guidance (November 2023) and Florida Bar Ethics Opinion 24-1 (January 2024). Outside the U.S., regulators and courts have issued similar warnings. The common themes: confidentiality, verification, supervision and honest billing.

For in-house lawyers

In-house lawyers are bound by the same rules. The "client" is the company, which simplifies consent but not confidentiality: the company's information, and third-party information it holds, still needs protecting.

What this means for the General Counsel

What this means for a General Counsel

As the senior lawyer, you carry the supervision duty for your team's AI use. Opinion 512's expectations translate into a short checklist: an AI policy for the legal team, approved tools, training, a verification standard and a way to check it is followed.

Apply the same expectations to outside counsel: ask how they meet Opinion 512 (or local equivalents) and how AI efficiency shows up in your bills.

If your lawyers are admitted in several jurisdictions, keep a short register of the guidance that applies to each and update your team rules when it changes.

Real example

On 29 July 2024 the ABA Standing Committee on Ethics and Professional Responsibility issued Formal Opinion 512, its first formal guidance on lawyers' use of generative AI. It addresses competence, confidentiality, communication, candour toward the tribunal, supervision and fees, and says that general boilerplate consent in an engagement letter is not sufficient informed consent before inputting client information into self-learning AI tools. Source: ABA Standing Committee on Ethics and Professional Responsibility — Formal Opinion 512: Generative Artificial Intelligence Tools (29 July 2024) ↗ · National Law Review — American Bar Association issues formal opinion on use of generative AI tools ↗

Use it

Quick check · 3 questions

  1. 1.Under ABA Formal Opinion 512, what is needed before inputting client information into a self-learning AI tool?

  2. 2.A lawyer spends two hours learning a new AI tool for general use. Can they bill the client for it under Opinion 512?

  3. 3.Which duty most directly makes a General Counsel responsible for the team's AI use?

0 of 3 answered

Sources

Last reviewed 2026-10-01.