Where State Bar and ABA Guidance Stands Today
The ABA and five state jurisdictions below have each published widely cited AI ethics guidance for
lawyers over the past three years — a representative sample, not an exhaustive list (New Jersey,
Pennsylvania, Kentucky, the District of Columbia, and Michigan are among several other jurisdictions with
their own guidance). Every document below is still written entirely in “AI” or
“generative AI” terminology; some are binding rule amendments, others are advisory-only
opinions:
| Body | Current document | Date | Terminology used |
| ABA Standing Committee on Ethics |
Formal Opinion 512, “Generative Artificial Intelligence Tools” |
Jul 29, 2024 |
“Generative artificial intelligence (GAI)” |
| The Florida Bar |
Ethics Opinion 24-1 (advisory) |
Jan 19, 2024 |
“Generative artificial intelligence” |
| State Bar of California (COPRAC) |
Practical Guidance for the Use of Generative AI |
Nov 16, 2023; revised 2026 |
“Generative artificial intelligence” |
| New York State Bar Association |
Task Force on Artificial Intelligence, Report and Recommendations |
Apr 6, 2024 |
“Artificial intelligence” |
| State Bar of Texas |
Ethics Opinion 705, “Generative AI in the Practice of Law” |
Feb 2025 |
“Generative artificial intelligence” |
| Rhode Island Supreme Court |
Rule 1.1 amendment & interim AI guidance |
Jun 17, 2026 |
“Artificial intelligence” |
ABA Formal Opinion 512, the ABA’s first formal opinion on lawyers’ use of
generative AI tools, addresses six duties: competence, confidentiality, communication, candor to the
tribunal, supervision, and fees (Source: American Bar Association, ABA Issues Guidance on Lawyers’ Use of AI Tools).
On client consent, the opinion is explicit that “merely adding general, boiler-plate provisions to
engagement letters purporting to authorize the lawyer to use GAI is not sufficient” (Source: American Bar Association, ABA Issues Guidance on Lawyers’ Use of AI Tools).
Model Rule 1.1, Comment 8 was amended in 2012 — a decade before generative AI
— to require that competence include keeping “abreast of changes in the law and its
practice, including the benefits and risks associated with relevant technology” (Source: Georgetown Journal of Legal Ethics, technology-competence summary).
Roughly 40 states, the District of Columbia, and Puerto Rico have adopted some form of the duty of
technology competence it describes, per the tracker maintained by legal-technology journalist Bob
Ambrogi (Source: Bob Ambrogi (LawNext), 40 States, D.C. and P.R. Have Adopted the Duty of Technology Competence).
A 2026 ABA Young Lawyers Division resolution has separately urged the Standing Committee on Ethics and
Professional Responsibility to clarify that competence includes understanding generative-AI tools’
capabilities and limits (Source: ABA Young Lawyers Division, 2026 resolution on GAI competence)
— a scope clarification, not a terminology rename.
State bar opinions, beyond the ABA. Florida’s Opinion 24-1 covers
confidentiality, oversight, fees, and advertising, citing Mata v. Avianca as its risk
example (Source: The Florida Bar, Opinion 24-1);
it is an advisory opinion, not a binding rule.
California’s COPRAC guidance, approved November 16, 2023 and revised in 2026 to address agentic AI
at the state supreme court’s request, frames itself as “guiding principles” rather than
binding rules (Source: State Bar of California, Practical Guidance for Generative AI).
New York’s Task Force on Artificial Intelligence issued a set of recommendations, not a binding
rule, citing a Stanford study on AI-chatbot inaccuracy in legal
answers (Source: NYSBA Task Force on Artificial Intelligence, Report and Recommendations).
Texas Opinion 705 ties disclosure specifically to Rule 1.05 confidentiality (Source: Professional Ethics Committee for the State Bar of Texas, Opinion 705),
and Rhode Island’s June 2026 rule amendment — a binding amendment to Rule 1.1 itself —
bars billing clients for AI-driven time savings and extends competence duties to paralegals and support
staff (Source: AIWeekly, Rhode Island Supreme Court Adopts AI Ethics Rules).
As of October 11, 2026, none of these documents — Formal Opinion 512, Model Rule 1.1 Comment 8 and
its 2026 clarification effort, Florida 24-1, California’s COPRAC guidance, the NYSBA Task Force
report, Texas Opinion 705, or Rhode Island’s rule amendment — uses “Super
Intelligence” or “SI” anywhere. Every one uses “artificial intelligence” or
“generative AI.”