The State Bar of California is seeking public comment on proposed amendments to the Rules of Professional Conduct addressing lawyers’ use of artificial intelligence. The proposals were approved for a 45-day public comment period by the Standing Committee on Professional Responsibility and Conduct on 13 March 2026, ending close to two weeks from now on 4th May.
The proposed amendments would affect several core professional obligations, including competence, client communication, confidentiality, candour to the tribunal, responsibilities of managerial and supervisory lawyers, and responsibilities regarding nonlawyer assistants.
Among other things, the proposals would make clear that lawyers using technology, including AI, must independently review, verify and exercise professional judgment in relation to AI-generated outputs. They would also clarify duties around informing clients where the use of technology materially affects the representation, protecting confidential information when technological systems are used, and verifying legal authorities before submission to a tribunal.
The consultation follows a request from the California Supreme Court that the State Bar consider incorporating principles from its existing practical guidance on generative AI into the professional conduct rules and also consider additional guidance in light of agentic AI tools.