Although many lawyers have been using artificial intelligence in their practices for years, e.g., doc review and contract analysis, generative artificial intelligence (GAI) is becoming more mainstream in legal practices. If you’ve heard of “ChatGPT,” you’ve heard of GAI. The ABA Committee on Ethics and Professional Responsibility recently issued Opinion 512 to provide guidance on the use of GAI, which the ABA describes as having the ability to “create various types of new content, including text, images, audio, video, and software code in response to a user’s prompts and questions.” TLIE encourages a thorough review Opinion 512, which discusses lawyers’ duty of competence, confidentiality, communication, candor toward the tribunal, supervisory responsibilities, and fees, when using GAI. 

The Communication section of Opinion 512 is of particular note. The ABA advises that depending on the circumstances, a lawyer may be required to disclose to a client the use of GAI in…