Question · ABA Formal Op. 512
Do I need a client's consent to put their info into an AI tool?
Opinion 512 is the ABA's first formal ethics opinion on generative AI, applying existing Model Rules on competence, confidentiality, communication, candor, supervision and fees to lawyers' AI use.
01 / The answer
The short answer
Sometimes. Under Opinion 512 and Rule 1.6, a lawyer must first assess the risk that client information entered into a generative AI tool will be disclosed or accessed by others. For self-learning tools, which may use inputs to train the model or expose them to other users, the opinion calls for the client's informed consent before input, and a generic clause in an engagement letter does not suffice. Tools that keep inputs confidential and do not train on them carry less risk, but the lawyer must still check their terms, data retention and security.
02 / The rule
What ABA Formal Op. 512 requires
Opinion 512 is the ABA's first formal ethics opinion on generative AI, applying existing Model Rules on competence, confidentiality, communication, candor, supervision and fees to lawyers' AI use. It is advisory, but state bars and courts widely cite it as the baseline for how lawyers may use AI.
- 01Have a reasonable understanding of a specific AI tool's capabilities and limits before using it (Rule 1.1).
- 02Independently review AI output to a degree suited to the tool and task before relying on it.
- 03Get a client's informed consent before entering their confidential information into a self-learning AI tool; boilerplate engagement-letter consent is not enough (Rule 1.6).
- 04Tell clients about AI use when they ask, when it affects fees, or when it influences significant decisions (Rule 1.4).
03 / Records
Records to keep
- 01Documented evaluation of each AI tool's terms and data handling
- 02Client informed-consent records for confidential inputs
- 03Verification notes for AI-assisted work product
- 04Firm AI policy and training attendance records
Optional evidence · where Planisphere fits
Keep a record anyone can check
When your team meets a duty, Planisphere can seal the event it reports as a receipt.
A disclosure shown, a review signed, a model change approved: the event your system reports.
The event becomes a sealed receipt, dated and attributed to whoever is signed in.
Paste the receipt into Verify. No account or key.
A record supports your compliance evidence process. It is not a legal finding or a certification. Systems that call Planisphere's gate API can also hold or refuse an action before it runs.
SOURCES
Go back to the source
American Bar Association Standing Committee on Ethics and Professional Responsibility
American Bar Association
American Bar Association
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Related: ABA Formal Op. 512: the full guide · What does ABA Formal Opinion 512 require of lawyers using AI? · How do I show competence (MR 1.1) in the AI tools my firm uses?