top tip
TLI Top Tip: Ethical Considerations when Using Virtual Assistants
August 28, 2025
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Whether you decide to use a human who works remotely or artificial intelligence (AI) like chatbots, virtual assistants can provide a number of benefits to a law practice. That said, every function a VA performs must be done in a manner that complies with the lawyer’s ethical duties and responsibilities. Below are the primary considerations:
Oversight and Supervision: Texas Disciplinary Rule of Professional Conduct 5.03(a) requires lawyers having direct supervisory authority over non-lawyers to make reasonable efforts to ensure that the person's conduct is compatible with the professional obligations of the lawyer. This requires appropriate instruction and supervision concerning the ethical aspects of the non-lawyer’s employment. TDRPC 5.03, cmt.
“The duty to supervise non-lawyers extends to those both within and outside the law firm.” Per ABA Formal Opinion 498. Thus, it applies to VAs. Whether the assistant is human or AI, the lawyer is responsible for…