Ethics & Technology Resources

NEW! On November 16, 2023, the State Bar Board of Trustees approved the Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law, developed by the Committee on Professional Responsibility and Conduct to assist lawyers in navigating their ethical obligations when using generative artificial intelligence. The Practical Guidance will be a living document that is periodically updated as the technology evolves and matures, and as new issues are presented. 

This page lists resources addressing attorney professional responsibility issues that arise in connection with the use of websites, email, chat rooms, and other technologies. The resources include advisory ethics opinions, articles, and MCLE programs.

The above links organize items by the type of resources. The links below organize the same collection of resources by subject matter.

The links below are to the Rules of Professional Conduct that account for lawyer use of technology.

  • Rule 1.1, Comment [1] - clarifies the duty of competence to include keeping abreast of technology in the practice of law (operative March 22, 2021)
  • Rule 1.4, Comment [2] - updates the duty to provide copies of significant documents to expressly permit provision by "electronic or other means"
  • Rule 1.16(e) - clarifies a lawyer's duty to release all client materials when terminating a representation to expressly include release of client materials created or held in "electronic or other form"
  • Rule 4.4 - requires a lawyer who receives inadvertently produced materials that obviously appear to be subject to the attorney-client privilege or confidential and privileged to  immediately notify the sender
  • Rule 7.2(a) - clarifies the advertising rules to provide that a lawyer may advertise through "electronic means of communication, including public media"
  • Rule 7.5, Comment - clarifies the scope of the rule governing a lawyer's professional designation to include logos and "URLs"

MCLE Toolkit on Generative Artificial Intelligence

This toolkit introduces practical guidance on the Rules of Professional Conduct and the implications when using Generative Artificial Intelligence (GAI). The one-hour MCLE course, GENAI in Legal Practice: Opportunities, Risks and Best Practices, equips attorneys with a foundational understanding of GAI, its benefits in legal work, and ethical considerations like confidentiality, bias, and accountability. This toolkit is designed as a one-hour technology MCLE that can be taught to your organization’s membership online or in person. It includes a lesson plan, PowerPoint presentation, interactive polling questions, and course handouts with citations. Developed by the State Bar of California’s Office of Professional Competence, the materials are for educational purposes only and do not constitute legal advice.