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Professional responsibility

ABA Formal Opinion 512

ABA Formal Opinion 512 applies existing professional duties to generative AI. The lawyer remains responsible for the work.

Generative Artificial Intelligence Tools
01

Model Rule 1.1 · pp. 2–5

Understand the tool

Lawyers need a reasonable understanding of the particular tool’s capabilities and limitations. Source
02

Model Rule 1.6 · pp. 6–7

Protect client information

Evaluate access, retention, and disclosure risks. The opinion requires informed consent before entering representation information into self-learning tools that risk disclosing it. Source
03

Model Rule 1.4 · pp. 8–9

Communicate with the client

Disclosure depends on the circumstances, including client instructions and significant decisions affected by AI. Source
04

Model Rules 3.1, 3.3, 8.4(c) · pp. 9–10

Verify before relying

Review output for accuracy and completeness. AI does not excuse false statements to a tribunal. Source
05

Model Rules 5.1, 5.3 · pp. 10–11

Supervise its use

Firm policies, training, and oversight must address staff use and outside providers. Source
06

Model Rule 1.5 · pp. 11–14

Bill for actual work

Hourly charges reflect actual time, including review. All fees remain subject to reasonableness. Routine tool training is not billable to clients. Source