Question · State Bar AI Opinions
What does the California / Florida / Texas bar say about AI?
Bar ethics committees agree that lawyers may use generative AI if they meet existing duties of competence, confidentiality, supervision, candor and reasonable fees.
01 / The answer
The short answer
California's 2026 practical guidance, which replaced its 2023 version, covers confidentiality, competence, client communication, candor and fees, and adds duties for agentic AI. AI costs billed to a client must appear in the fee agreement and reflect actual cost, with no markup unless the client gives informed written consent. Florida Opinion 24-1 (2024) addresses confidentiality and client consent, supervision, fees and client-facing chatbots. Texas Opinion 705 (2025) stresses competence, confidentiality and checking output, and bars billing for time the AI saved. All three keep the lawyer responsible.
02 / The rule
What State Bar AI Opinions requires
Bar ethics committees agree that lawyers may use generative AI if they meet existing duties of competence, confidentiality, supervision, candor and reasonable fees. California replaced its 2023 guidance in 2026 with a version that also covers agentic AI.
- 01Understand the AI tool's capabilities and risks well enough to use it competently, including hallucination risk.
- 02Protect client confidential information; check the tool's data retention and training terms, and get informed consent when needed.
- 03Verify the accuracy of all AI-generated research and drafts before relying on them or filing them.
- 04Supervise lawyers and staff using AI, with firm policies, as with nonlawyer assistance.
03 / Records
Records to keep
- 01Firm generative AI policy and training records
- 02Vendor review of data retention and confidentiality terms
- 03Client engagement terms disclosing AI use and costs
- 04Verification records for AI-assisted work product
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
The Florida Bar
Professional Ethics Committee for the State Bar of Texas
New York City Bar Association
State Bar of California, COPRAC
American Bar Association
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Related: State Bar AI Opinions: the full guide · What are the state bar rules on using AI as a lawyer? · Do I have to disclose to a client or court that I used AI? · How does a GC evaluate an outside AI legal-tech vendor?