Ethical Boundaries in the Age of AI: State Bar Guidance for Legal Professionals
As many lawyers are learning, artificial intelligence can be extremely useful. For example, in the M&A context, AI can save enormous amounts of time reviewing and summarizing the target company’s contracts for assignability/consent issues. But as everyone knows, AI is not perfect. In addition, depending on the specific AI tool and settings, there is a risk that sensitive client data will be disclosed to a third party.
In response to lawyers’ increasing use of AI, state bar associations across the U.S. have begun issuing ethical guidance to help lawyers navigate the risks and responsibilities involved. These opinions generally recognize AI’s potential to improve efficiency, but they also stress the importance of preserving core professional duties, particularly regarding competence, confidentiality, and client communication. Lawyers are advised to use AI responsibly and ensure it does not replace independent legal judgment.
The Florida Bar’s Ethics Opinion 24-1, released in January 2024, permits the use of generative AI tools but places clear limits on how they can be used. Lawyers must obtain informed consent before disclosing client information to such tools and must independently verify AI outputs. Additionally, any use of AI must be disclosed in billing practices, and attorneys must avoid delegating legal judgment to machines. Florida’s opinion reflects a broader trend of caution and accountability in AI adoption.
Similarly, the California State Bar has issued practical guidance emphasizing that lawyers must understand the capabilities and limitations of AI tools before using them. The state cautions against inputting confidential client information into unsecured systems and recommends that AI tools not be used to replace core legal analysis. California also advises against billing clients for time saved by using AI, urging transparency and fairness in how the technology is integrated into legal services.
Other states echo these themes. The D.C. Bar Ethics Opinion 388 emphasizes competent use, appropriate supervision, and the need to confirm that AI-generated content meets legal standards. The New York State Bar published detailed recommendations in April 2024 urging similar caution, while the Kentucky Bar Association Ethics Opinion KBA-E457 advises that while not all AI use must be disclosed, lawyers should reduce fees when AI dramatically shortens tasks. Meanwhile, the Michigan State Bar reminds judges and lawyers alike of the need to align AI use with court rules and ethical duties.
In summary, state bar associations generally support the careful and ethical integration of AI tools in legal practice. Across jurisdictions, lawyers are reminded to understand the tools they use, protect client confidentiality, supervise any AI-generated output, and remain transparent with clients and courts. These opinions reflect a balanced approach—recognizing AI’s usefulness while affirming that human judgment, accountability, and ethics remain the foundation of legal practice.
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