California

State Bar of California

Guidance Issued

Ethics Opinions & Guidance

Practical Guidance 2023-1

Practical Guidance for Using Generative AI

2023

The State Bar of California issued practical guidance for attorneys using generative AI, addressing competence, confidentiality, supervision, and billing obligations.

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Key Requirements for AI Use

  • Competence under Rule 1.1 — attorneys must understand AI tool limitations
  • Confidentiality under Rule 1.6 — no confidential client data in AI without safeguards
  • Supervision under Rule 5.1/5.3 — supervise AI output as you would non-lawyer work
  • Fees under Rule 1.5 — AI savings should not inflate billing
  • Candor to tribunal — verify AI-generated citations before filing

Important Notes

California is proactive in issuing AI guidance but has not issued a formal ethics opinion restricting AI use. The State Bar actively monitors developments.