ABA Formal Opinion 512: Generative Artificial Intelligence Tools

On July 29th, the American Bar Association released Formal Opinion 512 regarding AI.

Opinion 512 is a continuation of the legal industry’s extremely cautious approach to AI. Key takeaways include:

  • Consider disclosing to or getting formal consent from clients (especially in engagement letters) if your firm uses AI. The opinion specifically says “merely adding general, boiler-plate provisions to engagement letters purporting to authorize the lawyer to use GAI is not sufficient.”

  • Ensure that third-party vendors are meeting the firm’s security and ethical standards.

  • Be cognizant of retention policies. In CGP’s experience, firms struggle to meet their own retention policies, utilizing third party vendors for this type of technology will add significant risk and complexity.

  • Implement a formal AI policy. CGP has worked with several firms and offers a free starting template HERE.

  • Ethical, confidentiality, supervisory, and other obligations still apply when using AI.

Is your firm struggling with handling AI? Clear Guidance can help with policies, evaluation, implementation and more. Talk to a partner today:

Legal Technology, AIDustin Bolander