Key takeaways
- Law firms use AI for intake, research support, drafting, summaries and marketing.
- ABA Formal Opinion 512 applies existing Model Rules to generative AI. It is not binding, and states can differ.
- The lawyer stays responsible for accuracy, confidentiality and supervision.
- A chatbot is not a lawyer, and should not give legal advice on a firm’s behalf.
How are law firms using AI?
- Intake and lead response: answering or calling new enquiries, gathering basic facts, booking consults.
- Research support: finding and summarizing sources, which a lawyer must check.
- Drafting: first versions of letters, summaries and marketing copy.
- Document review: sorting and summarizing records.
- Marketing: writing and testing ad wording, within advertising rules.
What does ABA Formal Opinion 512 say?
The American Bar Association issued Formal Opinion 512 on July 29, 2024, its first ethics opinion on generative AI. Summaries say it applies existing Model Rules rather than creating new ones:
| Duty | What the summaries say |
|---|---|
| Competence (Rule 1.1) | Lawyers need a reasonable understanding of the tools, not expert knowledge, and should not rely on output without independent review |
| Confidentiality (Rule 1.6) | Protect client information when using AI tools; understand where data goes |
| Communication (Rule 1.4) | Tell clients about AI use where it matters to the representation |
| Candor to courts | Check AI-assisted filings; the lawyer answers for their accuracy |
| Supervision (Rules 5.1 and 5.3) | Supervise staff and vendors who use or provide AI tools |
| Fees (Rule 1.5) | Bill fairly; do not bill for more time than was spent |
The opinion is guidance, not binding on any court or disciplinary body. Your state’s bar may have its own opinion, so look for it.
Can ChatGPT act as a lawyer?
No. A general chatbot is not licensed to practise law and can state wrong answers with confidence. Rules against the unauthorized practice of law and against misleading communications are why an AI intake assistant should collect facts and hand off to a person, not advise. SouthSeas Marketing’s assistant is built that way: it gathers basic details and the best callback time, and your team takes it from there.
What should a firm do before it adopts an AI tool?
- Decide the task and who reviews the output.
- Ask where data is stored, who can read it and whether it trains the vendor’s models.
- Get script and wording approval from your counsel.
- Write a short internal policy and train staff on it.
- Review results on a schedule.
For how the rules apply to AI calls and lead handling, see the AI intake compliance guide.
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