CA Bar GenAI Guidance

California State Bar — Practical Guidance for the Use of Generative AI in the Practice of Law
CA · State Bar of California, COPRAC Practical Guidance (Nov. 16, 2023)

Status
In effect
Took effect
November 16, 2023
Applies to
All California-licensed attorneys
Enforced by
State Bar of California; Office of Chief Trial Counsel

California lawyers using ChatGPT, CoPilot, or other generative AI tools must protect client confidentiality, verify AI-generated work, supervise AI outputs, disclose AI use where required, and avoid billing for time saved by AI. Misuse of generative AI is a discipline-eligible violation.

Who is protected: Clients of California-licensed attorneys; California courts

Legal detail

State Bar of California Standing Committee on Professional Responsibility and Conduct, 'Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law' (Nov. 16, 2023). Applies California Rules of Professional Conduct 1.1 (competence), 1.6 (confidentiality), 5.1-5.3 (supervision), 1.5 (fees), 8.4 (misconduct) to generative AI.

Key facts

JurisdictionCA
LevelState
StrengthLimited
EnactedNovember 16, 2023
CitationState Bar of California, COPRAC Practical Guidance (Nov. 16, 2023)
Private right of actionNo, agency enforcement only
PenaltiesAttorney discipline including reproval, suspension, disbarment under Cal. Bus. & Prof. Code § 6068 et seq.
Topicsconsumer protection · AI disclosure and transparency · automated decision-making
Agency pageCalifornia State Bar — Practical Guidance for the Use of Generative AI (Nov. 2023)

More AI rules in CA

Related consumer protection rules elsewhere

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