Ethical Guidelines for Using Generative AI in Your Legal Practice

The Professional Ethics Committee for the State Bar of Texas recently released Opinion 705 to address how Texas attorneys can ethically use generative artificial intelligence (Gen AI) in their practice.

Why is this important?

AI tools can significantly enhance legal work—from contract drafting to legal research—but using them ethically and responsibly is crucial. Opinion 705 clarifies the ethical considerations lawyers must address to leverage these tools safely and effectively.

Your Ethical Responsibilities:

Understand Generative AI

  • You have a duty to maintain technological competence (Texas Rule 1.01, Comment 8).
  • You must independently verify Gen AI-generated results—never rely blindly.

Protect Client Confidentiality

  • Always ensure client details remain secure.
  • Vet your Gen AI tools carefully for robust security and privacy standards.
  • Train your team to avoid unintended disclosures.

Always Verify AI Outputs

  • Double-check all Gen AI-generated content before use in client matters or court submissions.
  • Uphold your ethical duties of honesty, fairness, and candor to the court.

Practice Fair and Ethical Billing

  • Only bill clients for actual time spent working, reflecting Gen AI efficiencies in your invoices.
  • Clearly communicate and agree on any Gen AI-related fees or subscriptions billed to clients.

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