Artificial intelligence (AI) is transforming industries worldwide, and the legal profession is no exception. As AI-enabled tools become increasingly integrated into law practice, the Committee on Professional Ethic’s Advisory Opinion 202505 provides timely guidance on the ethical considerations lawyers should address when using these technologies. This article provides a summary of the key themes from the opinion, but check out the opinion in its entirety for deeper understanding.
Understanding AI in Law Practice
The opinion defines AI broadly, encompassing machine-based systems that make predictions, generative AI that creates new data, and emerging technologies like agentic and autonomous AI.
AI tools range from consumer-oriented products, such as web-based applications, to specialized legal tools designed with confidentiality safeguards. While these tools promise efficiency and innovation, they also raise ethical questions that lawyers must navigate carefully.
Core Ethical Duties
The opinion highlights seven key duties under the Washington Rules of Professional Conduct (RPCs) that lawyers should uphold when using AI tools:
- Competence (RPC 1.1): Lawyers should understand the technology they use in practice. Comment 8 of the rule specifically requires lawyers to keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. Nowadays, this means knowing the capabilities, limitations, and risks of AI tools. Competence doesn’t mean perfection but requires a baseline understanding and reasonable proficiency. Lawyers are ultimately responsible for the work produced using AI tools, and they should critically evaluate AI-generated outputs.
- Diligence (RPC 1.3): While AI tools can enhance efficiency, lawyers should still exercise diligence by thoroughly reviewing and verifying AI-generated work. Overreliance on AI without proper oversight can lead to errors, missed deadlines, and ethical violations.
- Confidentiality (RPC 1.6): Protecting client information is paramount. Lawyers should ensure that AI tools, especially consumer-oriented ones, have adequate safeguards to prevent unauthorized disclosure of sensitive data. They should carefully review vendor agreements and privacy policies to ensure compliance with confidentiality obligations.
- Communication (RPC 1.4): Lawyers should consult with clients about the use of AI tools, especially when sensitive information is involved. Informed consent may be required in some cases, and lawyers should explain the risks, benefits, and alternatives to using AI tools.
- Candor Toward the Tribunal (RPC 3.3): Lawyers are responsible for the accuracy of their court filings, even when using AI tools. Submitting false or unverified information generated by AI can lead to sanctions and ethical violations.
- Supervision (RPCs 5.1 and 5.3): Lawyers should ensure that those they supervise, including nonlawyers and vendors, are adequately trained in the ethical use of AI tools. Clear policies and ongoing oversight are essential to prevent misuse.
- Reasonable Billing (RPC 1.5): Lawyers should bill clients fairly when using AI tools. They cannot charge for “time saved” by AI, or pass along overhead costs without client consent. Transparency in billing practices is crucial.
Final Thoughts
AI tools offer immense potential to enhance legal practice, but they do not absolve lawyers of their ethical responsibilities. Competence, diligence, confidentiality, communication, candor, supervision, and reasonable billing remain central to the profession, regardless of technological advancements. As AI continues to evolve, lawyers must stay informed, exercise professional judgment, and prioritize their clients’ interests.
The WSBA’s Advisory Opinion 202505 serves as a valuable resource for legal professionals navigating the complexities of AI in practice. By adhering to these ethical guidelines, lawyers can leverage AI responsibly while upholding the integrity of their profession.
Note: Some material in this publication was generated using Microsoft Copilot and was reviewed for accuracy by the author, a member of the WSBA Advancement Department, before publication.
Sandra Schilling. Sandra is a professional responsibility counsel with the WSBA Advancement department. She supports the WSBA Ethics Line. Legal professionals with concerns about legal ethics can call the Ethics Line at 206-727-8284 and receive help analyzing ethical issues. For other issues, Sandra can be reached at sandras@wsba.org or 206-239-2118.
