Client Consent to AI Use

Whether consent is required depends on context. ABA Formal Opinion 512 indicates disclosure is necessary where client information will be input into a tool that raises confidentiality risk, where AI use is material to the representation, or where the engagement agreement or client instructions require it.

Many organizations address the issue prospectively through engagement letter provisions and outside counsel guidelines rather than matter-by-matter consent.

Alternative Names:

AI Disclosure to Clients, Informed Consent for AI

Why it Matters?

Insurers and corporate clients increasingly address AI use directly in their outside counsel guidelines, sometimes prohibiting it, sometimes requiring disclosure, and sometimes requiring specific tools. Firms that have not inventoried those provisions across their client base are exposed to breaching a contractual commitment they did not know existed.

Frequently Confused with

Related terms

Frequently asked questions

Must lawyers always tell clients they used AI?

Not in every case. Disclosure is required where client information goes into a tool raising confidentiality concerns, where AI use is material to the representation, or where the client or engagement terms require it.

How do firms handle consent efficiently?

Through standing engagement letter language describing AI use and safeguards, supplemented by matter-specific disclosure where a client's guidelines impose stricter requirements.