In Formal Opinion 512, the ABA offers its most thorough guidance yet on lawyers’ use of generative AI (GAI), laying out a roadmap to help practitioners harness these tools without tripping ethical wires. See ABA Formal Opinion 512 (July 29, 2024). The core message: GAI may improve efficiency, but it doesn’t replace judgment. Lawyers remain fully responsible for the accuracy of any AI-generated content, whether drafting a contract, predicting litigation outcomes, or summarizing discovery. Competent use demands understanding what the tool can—and can’t—do, plus ongoing vigilance as the technology evolves.
Confidentiality looms large, especially when using self-learning GAI systems that may store or reuse inputted data. Before feeding client information into a GAI tool, lawyers may need to obtain informed consent, with more than boilerplate disclaimers. Other duties—reasonable fees, candor to the tribunal, meritorious claims, communication, and supervision—also apply, and missteps could have real consequences. The opinion makes clear that using GAI is not unethical per se, but the ethics rules apply no less strictly in a digital age.
