ABA Formal Opinion 512 — Generative Artificial Intelligence Tools
ABA Comm. on Ethics & Prof’l Responsibility, Formal Op. 512 (July 29, 2024)
United States · ABA Model Rules · Formal ethics opinion · July 29, 2024
The ABA Standing Committee on Ethics and Professional Responsibility applies the Model Rules to generative AI, and reaches a confidentiality conclusion stricter than most lawyers expect.
Weight
Persuasive only. The Model Rules bind no lawyer until a state adopts them; Opinion 512 is the reference text most state opinions are measured against.
What it holds
Lawyers using generative AI must satisfy their duties of competence, confidentiality, client communication, supervision, meritorious contentions, candor to the tribunal, and reasonable fees. On confidentiality the Committee draws a hard line: because many self-learning GAI tools are built so that their output can lead directly or indirectly to disclosure of information relating to a representation, "a client’s informed consent is required prior to inputting information relating to the representation into such a GAI tool." Consent must be specific — the opinion says that adding general boiler-plate to an engagement letter purporting to authorise GAI use is not sufficient.
What it establishes
That the confidentiality analysis turns on the architecture of the tool, not on the lawyer's intentions. It also settles the billing question: a lawyer billing hourly must bill actual time expended, so time saved by a GAI tool belongs to the client, not the lawyer. Where a lawyer spends fifteen minutes prompting a tool and then reviews the draft, the opinion says the billable time is those fifteen minutes plus the review — not the hours the task would once have taken. The same reasoning is applied to flat and contingent fees: a flat fee unchanged after a tool makes the work dramatically faster may itself become unreasonable under Rule 1.5.
What it does not establish
Advisory. It binds no lawyer anywhere, and the Committee expressly ties its confidentiality conclusion to the risks and capabilities of GAI tools as they stood at publication in July 2024 — an unusual, and honest, self-limiting footnote. It says nothing about tools that do not receive client information, and it does not resolve whether a closed, non-self-learning, contractually walled deployment triggers the consent requirement at all.
Why it matters
Almost every state opinion issued since is written in this opinion's vocabulary, and the Ninth Circuit's sanctions order in Lnu v. Blanche reaches the same structural conclusion from the opposite direction: the violation is not the tool, it is the unverified filing. If you read only one document in this register, read this one — then read the one that governs your jurisdiction, because that is the one that binds you.
What to do with it
Compare your engagement letter against the boiler-plate warning. If your firm's AI consent language is a single clause added to a standard retainer, this opinion says it does not do the work you think it does. Separately, check whether your billing narrative can survive the "actual time expended" test.
Duties addressed
- Competence and technological understanding
- Confidentiality and informed consent
- Client communication
- Candor to the tribunal
- Supervision of lawyers, staff and tools
- Fees, expenses and billing