For a while, the big question about AI in law was whether to use it at all. The American Bar Association’s Formal Opinion 512, issued in July 2024, changed that conversation. It made clear that lawyers can use generative AI tools, and that the existing rules of professional conduct apply when they do.
That shifts the question from “should we use AI?” to “how do we use it responsibly?” And that question is as much about technology choices as it is about ethics.
A note before we start: this article is about technology decisions, not legal advice. Read the opinion itself, and check your state bar’s guidance, which may add its own requirements.
What the opinion covers
Formal Opinion 512 connects generative AI to duties lawyers already have. In broad terms, it addresses:
- Competence. Lawyers should understand the capabilities and limitations of the AI tools they use, well enough to use them appropriately.
- Confidentiality. Before putting client information into an AI tool, lawyers need to understand how that information could be used or disclosed, and in some cases get the client’s informed consent.
- Communication. In some situations, lawyers should tell clients about their use of AI.
- Candor and accuracy. Lawyers remain responsible for checking AI output, including citations, before relying on it.
- Supervision. Firms should have policies and training for how lawyers and staff use AI tools.
- Fees. Billing should reflect the actual work and time involved when AI is used.
What that means for the tools you choose
Each of those duties translates into practical questions to ask about any AI tool or system your firm uses.
Can you understand how it works?
Competence is easier with tools that are transparent about their sources and limits. Prefer tools that show where answers come from over tools that simply produce fluent text.
Where does client data go?
Ask how the tool stores, uses, and shares what you enter. Does the provider use your data to train its models? Who can access it? Can you control where it’s stored? Tools that keep client data within your firm’s systems make confidentiality obligations much easier to meet.
Does it cite its sources?
Checking AI output is much faster when every answer comes with a citation. It’s the single most useful feature for meeting accuracy obligations. That’s why we built our own Litify AI expert to cite everything and say “I don’t know” when it can’t find an answer.
Can you govern how it’s used?
Look for tools that support firm-wide policies: who can use them, for what, and with which data. Governance is much easier to design in at the start than to add after a problem.
Can you track time and work accurately?
If AI changes how long work takes, your billing and time entry practices need to reflect that. Systems that record how work was done make those conversations with clients easier.
Building an AI approach your firm can defend
- Write an AI use policy that covers approved tools, permitted uses, and client data.
- Train everyone who uses AI, including staff, on capabilities, limits, and verification.
- Prefer tools that cite sources and keep client data under your control.
- Start with lower-risk uses, such as internal knowledge and drafting assistance, before client-facing work.
- Review regularly, because both the tools and the guidance are changing quickly.
AI can make legal work faster and better. The firms that benefit most will be the ones that choose tools they can explain, govern, and defend. Talk to our AI consulting team about putting AI to work at your firm, or learn about our legal technology services.
Frequently asked questions
What is ABA Formal Opinion 512?
ABA Formal Opinion 512, issued in July 2024, is the American Bar Association’s ethics guidance on lawyers’ use of generative AI tools. It applies existing duties such as competence, confidentiality, communication, and reasonable fees to AI use.
Can lawyers use generative AI?
Yes. The ABA’s guidance makes clear that lawyers may use generative AI tools, as long as they meet their existing professional obligations, including protecting client confidentiality and verifying output.
What should a law firm look for in an AI tool?
Look for tools that are transparent about their sources, cite their answers, keep client data under the firm’s control, and support firm-wide policies for how the tool is used.
