California Bar Proposes Rule Requiring Lawyers to Verify Every AI Output - and Five Other AI-Focused Ethics Changes
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California Bar Proposes Rule Requiring Lawyers to Verify Every AI Output - and Five Other AI-Focused Ethics Changes
"When using any technology - including AI - a lawyer "must independently review, verify, and exercise professional judgment regarding any output generated by the technology that is used in connection with representing a client.""
"The proposed changes would, for the first time, write specific AI obligations into California's rules. The changes span the rules on competence, client communication, confidentiality, candor toward tribunals, and supervision of both lawyers and other staff."
"In an Aug. 22, 2025, letter to the state bar's interim executive director, the court's clerk and executive officer directed COPRAC to consider whether the guiding principles from the bar's November 2023 " Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law " should be incorporated into the formal rules."
"The court also directed the bar to consider guidance specifically addressing "agentic AI" tools - systems that can plan and execute tasks with little or no human intervention. COPRAC approved the proposed amendments at its March 13, 2026, meeting and opened the 45-day comment period."
California proposes amendments to six Rules of Professional Conduct to add specific AI obligations. The changes would require independent review, verification, and professional judgment for technology outputs used in client representation. The proposals also address duties related to client communication, confidentiality, candor toward tribunals, and supervision of lawyers and other staff. The California Supreme Court initiated the rulemaking by directing COPRAC to consider incorporating November 2023 practical guidance on generative AI into formal rules. The court also requested consideration of guidance for agentic AI tools that can plan and execute tasks with minimal human intervention. COPRAC approved the amendments and opened a 45-day public comment period.
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