Alabama AI Ethics Rules for Attorneys

Alabama attorneys are increasingly incorporating artificial intelligence into their legal practices, from contract review to legal research. While the Alabama State Bar has not yet issued comprehensive AI-specific guidance, the Alabama Rules of Professional Conduct establish clear ethical boundaries that govern all technology use, including generative AI tools like ChatGPT, Claude, and Copilot.

Current AI Guidance Status

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Alabama State Bar Position

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As of 2025, the Alabama State Bar has not published formal guidance specifically addressing attorney use of generative AI or large language models. However, the Bar’s Office of General Counsel provides ethics opinions and guidance on technology matters through its Ethics Helpline.

Current Status: No AI-specific formal opinion or guidance Governing Rules: Alabama Rules of Professional Conduct Disciplinary Authority: Alabama State Bar Disciplinary Commission

Alabama attorneys with specific AI ethics questions may contact the Alabama State Bar’s Office of General Counsel for informal guidance. While these responses are not binding, they provide helpful direction on applying existing rules to new technology.

Alabama Appellate Courts

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Alabama appellate courts have not yet issued standing orders specifically addressing AI use in filings. However, existing rules requiring accuracy and candor apply to all submissions, regardless of how they were prepared.

Alabama Rules of Professional Conduct and AI

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Alabama’s Rules of Professional Conduct are based on the ABA Model Rules and create the ethical framework for AI use in legal practice.

Rule 1.1 - Competence

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Alabama Rule 1.1 requires lawyers to provide competent representation:

Technological Competence in Alabama:

Comment [8] to Rule 1.1, as amended, requires lawyers to keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. This technology competence requirement directly applies to AI use.

AI-Specific Competence Obligations:

• Understanding that generative AI can “hallucinate” false information
• Knowing that AI may fabricate case citations, quotes, and legal rules
• Recognizing AI outputs require independent verification
• Staying current on AI capabilities and risks as technology evolves

Incompetent AI Use May Include:

• Submitting AI-generated content without review
• Relying on AI citations without verification
• Using AI for tasks beyond its reliable capabilities
• Failing to understand AI limitations before use

Rule 1.3 - Diligence

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Alabama attorneys must pursue client matters with reasonable diligence and promptness:

• AI use should enhance, not impede, diligent representation
• Over-reliance on AI creating delays violates diligence obligations
• Adequate time must be allocated for AI output verification
• AI efficiency gains should benefit client service

Rule 1.4 - Communication

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The duty of communication extends to AI use when material:

Situations Potentially Requiring Disclosure:

• Client specifically asks about technology or methods used
• AI use materially affects case strategy or approach
• Confidential information will be inputted into AI platforms
• AI use significantly impacts fees or costs
• Client engagement letter addresses technology use

Best Practices:

• Address AI policies in client engagement letters
• Respond honestly to client inquiries about AI use
• Discuss fee implications of AI efficiency
• Explain AI limitations when relevant to client decisions

Rule 1.6 - Confidentiality of Information

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Alabama Rule 1.6 is critical for AI compliance:

AI and Confidentiality Concerns:

When attorneys input client information into AI systems, potential confidentiality issues arise:

1. Data Storage: AI platforms may store inputted information
2. Training Data: Some AI systems use inputs to improve their models
3. Third-Party Access: AI providers and their subcontractors may access data
4. Security Vulnerabilities: AI platforms face cybersecurity risks

Protective Measures:

• Review AI platform Terms of Service before use
• Use enterprise versions with enhanced privacy protections
• Avoid inputting confidential information into consumer AI tools
• Anonymize or redact client-identifying information
• Consider informed consent for AI use with client data
• Maintain documentation of AI platform security assessments

Rule 1.5 - Fees

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Alabama attorneys must charge reasonable fees. AI use affects fee calculations:

Billing Principles:

• Attorneys should bill for actual time expended
• Time saved through AI efficiency should not be billed to clients
• Time spent crafting prompts, reviewing, and editing is billable
• AI subscription costs may be billable with client disclosure

Example: If a research task that traditionally took 4 hours takes 45 minutes with AI assistance, the attorney should bill approximately 45 minutes, the actual time spent, not the 4 hours that would have been required previously.

Fee Agreement Considerations:

• Consider addressing AI use in engagement letters
• Explain how AI affects hourly fee calculations
• Discuss value-based billing alternatives
• Ensure transparency about efficiency gains

Rule 3.3 - Candor Toward the Tribunal

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This rule assumes critical importance with AI use:

Attorneys Must Not:

• Make false statements of fact or law to a tribunal
• Cite cases that do not exist
• Quote language that does not appear in cited sources
• Present fabricated legal propositions as established law

Verification Protocol for AI-Assisted Filings:

1. Confirm every case citation exists in Westlaw or Lexis
2. Verify exact quoted language against original sources
3. Check that legal holdings match AI’s characterization
4. Shepardize or KeyCite all cited authorities
5. Review for internal consistency and logic

Rule 5.1 - Responsibilities of Partners, Managers, and Supervisory Lawyers

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Senior lawyers have supervision obligations:

• Establish firm AI policies and protocols
• Ensure reasonable efforts to train lawyers on proper AI use
• Create verification requirements before filing AI-assisted work
• Monitor compliance with ethical obligations

Rule 5.3 - Responsibilities Regarding Nonlawyer Assistance

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AI may be analogized to a nonlawyer assistant requiring supervision:

• Attorneys must provide appropriate supervision of AI outputs
• Work product cannot be delegated entirely to AI
• Final responsibility for AI-assisted work rests with the attorney
• Staff using AI must be trained and supervised

Alabama Court Considerations

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Alabama Supreme Court

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The Alabama Supreme Court has not issued specific AI rules or orders. However:

• All filings must comply with existing rules on accuracy
• Attorneys remain responsible for content of submissions
• Fabricated citations could result in sanctions or discipline

Alabama Court of Civil Appeals and Court of Criminal Appeals

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These courts similarly have not adopted AI-specific requirements but retain authority to address AI-related misconduct through existing rules.

Federal Courts in Alabama

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Alabama attorneys practicing in federal courts should monitor:

Northern District of Alabama: No AI-specific order as of 2025 Middle District of Alabama: No AI-specific order as of 2025 Southern District of Alabama: No AI-specific order as of 2025 Eleventh Circuit Court of Appeals: No AI-specific certification requirement as of 2025

Federal courts in other circuits have adopted AI disclosure requirements, and Alabama federal courts may follow suit.

Practical Guidance for Alabama Attorneys

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Developing AI Policies

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Firms should create written AI policies addressing:

Approved Uses:

• Initial research and case law identification
• Drafting first drafts subject to substantial revision
• Summarizing documents and depositions
• Administrative tasks and scheduling

Prohibited or Restricted Uses:

• Inputting unredacted client confidential information
• Submitting AI outputs without verification
• Billing for AI time savings
• Using AI for tasks requiring licensed professional judgment

Verification Requirements:

• All citations independently confirmed
• All quotes verified against sources
• Legal propositions cross-checked
• Final attorney review and approval

Risk Management

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Malpractice Considerations:

• Review insurance policy for AI-related exclusions
• Document AI use and verification procedures
• Consider disclosure to carrier for heavy AI use
• Maintain records of verification for defense purposes

Disciplinary Exposure: Alabama attorneys face potential discipline for:

• Competence violations from unverified AI reliance
• Confidentiality breaches through AI platforms
• Candor violations from fabricated citations
• Supervision failures regarding AI use

Compliance Framework

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Frequently Asked Questions

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Resources

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• Alabama Rules of Professional Conduct
• Alabama State Bar
• Alabama State Bar Office of General Counsel
• ABA Formal Opinion 512 - National guidance on attorney AI use
• [AI Hallucinations in Courts](/industries/legal-hallucinations/) - Sanctions cases and verification requirements