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Attorneys Seana Willing (Chief Disciplinary Counsel for the State Bar of Texas) and Brad Johnson (Executive Director of the Texas Center for Legal Ethics) join Trish McAllister (Attorney for the Law Practice Management Department) to discuss ethics-related AI questions:

• Is it ethical to bill for AI-based research/use if it can be segregated to a client's case? If so, how do I equitably bill for AI use?
• Is data input by the client or attorney discoverable? If so, at what point are client prompts discoverable - before and after representation or just before? At what point are attorney prompts discoverable? Are there steps we should be taking to isolate prompts by client file in the event they are subject to discovery?
• What, if any, disclosures a) must we b) should we make to our clients about our use of AI? Must we obtain client consent in addition to disclosure? Should it be included in contracts with our clients? If so, what is the proposed protocol for doing so - is a clause in the contract okay, or should it be a separate stand-alone agreement?
• What are judges doing to sanction attorneys who are citing non-existent cases generated by AI?
• Can we have AI communicate with our clients to gather information on their accident and then open a claim with the insurance on our behalf? Anything unethical about that?

Send your questions to Trish at trish.mcallister@texasbar.com.