Ethics opinion offers principles for lawyers’ ethical use of AI
In February 2025, the Professional Ethics Committee for the State Bar of Texas issued Opinion 705, addressing the ethical implications surrounding the use of generative artificial intelligence (AI) by Texas attorneys. This opinion was requested by the Taskforce for Responsible AI in the Law (TRAIL), an initiative started by State Bar Immediate Past President Cindy Tisdale. This timely opinion provides necessary guidance to legal professionals navigating the rapidly evolving landscape of AI tools, highlighting both their potential advantages and the ethical responsibilities involved in their use.
Opinion 705 acknowledges the growing use of generative AI—such as ChatGPT—in legal practice, recognizing these tools’ capacity to assist attorneys in areas like contract review, due diligence, research, and document drafting.
The Professional Ethics Committee highlights several key ethical obligations attorneys must bear in mind when utilizing generative AI.
Obligation #1: Understand how generative AI functions. Central to the attorney’s obligations with respect to AI is the duty of competence, as outlined in Rule 1.01 of the Texas Disciplinary Rules of Professional Conduct. Competence in this context requires attorneys to understand how generative AI functions and to possess or acquire the necessary skill to use these tools effectively and ethically. As Opinion 705 emphasizes, attorneys cannot blindly rely on generative AI outputs but must critically assess and verify the accuracy of generated content.
Obligation #2: Protect client confidentiality. Confidentiality is another concern. Given that AI tools often require detailed user inputs to function effectively, attorneys must be cautious not to disclose confidential client information inadvertently. The opinion warns of the risks associated with inputting sensitive client details into AI systems, particularly those that may inadvertently share information with third parties. To mitigate these risks, Opinion 705 recommends thorough vetting of generative AI tools for confidentiality safeguards and suggests training staff to ensure compliance with confidentiality rules.
Obligation #3: Don’t rely on AI without proper verification of the results. Additionally, the opinion addresses ethical considerations regarding oversight and supervision. Lawyers must independently verify any information generated by AI, ensuring accuracy and reliability before relying upon such outputs in client representation or court filings. Opinion 705 states that using AI-generated content without proper verification could expose attorneys to potential violations of rules related to fairness, honesty, and candor to the court, emphasizing the importance of responsible supervision.
Obligation #4: Be aware of fair billing practices. The opinion also touches on billing practices, clarifying that efficiencies gained through AI must benefit the client financially when using hourly billing methods. Specifically, attorneys cannot bill clients for hours not genuinely worked, even if tasks have become streamlined through AI. However, reasonable costs associated with the direct use of generative AI services—such as subscription or usage fees—may be passed onto clients with appropriate prior agreement.
Opinion 705 equips Texas attorneys with foundational principles to ethically integrate AI into their practices. This guidance helps ensure that clients reap the benefits of technological advances without compromising ethical standards. Lawyers are encouraged to review this opinion and consider integrating AI responsibly in our increasingly tech-driven legal environment.
Joshua Weaver is a coach, attorney, and technologist currently serving as the director of innovation and the director of the Texas Opportunity & Justice Incubator (TOJI) for the State Bar of Texas. At TOJI, Weaver leverages his background in law and technology to help attorneys build sustainable practices for underserved communities. As a legal innovator, he is dedicated to improving the practice of law by helping attorneys leverage better tools and strategies.
