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## The Arrival of Ethics Guidance on Generative AI: The State Bar of California Weighs In

### Introduction
In August, the imminent arrival of legal ethics opinions regarding generative AI tools was discussed. Since then, a small number of pioneering lawyers have experimented with this technology even without ethics guidance. For those who have been holding off until an ethics committee weighed in, the wait is over.

### The State Bar of California’s Guidance
The State Bar of CaliforniaÔÇÖs Committee on Professional Responsibility and Conduct published ethics guidance focused on generative AI on Nov. 16, 2023. This guidance provides a thorough roadmap for the adoption of generative AI in law firms.

### COPRAC’s Stance on AI
The guidance explained that AI, in its current state, is simply a new kind of technology and does not warrant special treatment. However, COPRAC recognizes that generative AI is a rapidly evolving technology that might necessitate new regulation and rules in the future.

#### Ethical Issues Addressed
The COPRAC guidance was extensive, addressing many ethical issues such as technology competence, confidentiality, and the requirement of candor with legal clients and courts. Some of the most notable takeaways are discussed below.

#### Duty of Confidentiality
According to COPRAC, lawyers must not input any confidential client information into any generative AI solution that lacks adequate confidentiality and security protections. That means lawyers must fully vet AI providers and their products to ensure proper handling and protection of confidential data.

#### Technology Competence
COPRAC explained that lawyers must learn how the technology works, its limitations, and the applicable terms of use and other policies governing the use and exploitation of client data by the product.

#### Duty of Supervision
Supervisory and managerial attorneys must ensure clear policies are in place that address permissible uses of AI, providing reasonable assurance that the firmÔÇÖs lawyersÔÇÖ and non-lawyersÔÇÖ conduct complies with their professional obligations when using generative AI.

#### Candor with Courts and Clients
Lawyers should carefully review all generative AI outputs for accuracy and correct any errors before submission to courts. They should also consider disclosing their intention to use generative AI to clients, including how the technology will be used, and the benefits and risks of such use.

#### Billing Clients for AI-Related Work
COPRAC stated that lawyers may charge for the time spent creating, refining, and reviewing generative AI outputs, but charging for the time saved by using generative AI is impermissible.

### AI legalese decoder
In this situation, the AI legalese decoder can tremendously help lawyers navigate the complex legal language and provide a comprehensive understanding of the ethics guidance published by COPRAC. By using AI legalese decoder, lawyers can quickly and accurately interpret the guidance, ensuring compliance with the ethical standards while adopting generative AI in their law firms.

### Conclusion
With the issuance of this widely anticipated guidance, there is nothing holding lawyers back from diving into the generative AI waters. With the recent release of legal generative AI products from various vendors, now is the perfect time to take advantage of all that this technology offers. Rest assured, if you arenÔÇÖt using it and reaping the time-saving benefits, your competitors undoubtedly will be.

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