Georgia attorneys must navigate AI integration within the framework of the Georgia Rules of Professional Conduct and guidance from the State Bar of Georgia. While Georgia has not issued a comprehensive AI-specific ethics opinion, the existing professional responsibility rules, particularly those addressing competence, confidentiality, and candor, provide clear guidance for ethical AI use in legal practice.
Regulatory Framework#
State Bar of Georgia#
The State Bar of Georgia is the mandatory bar association for all attorneys licensed in the state, responsible for professional regulation and discipline.
Key Resources:
- Georgia Rules of Professional Conduct
- Advisory Opinions
- Office of the General Counsel
Contact Information:
- Address: 104 Marietta St. NW, Suite 100, Atlanta, GA 30303
- Phone: (404) 527-8700 or (800) 334-6865
- Website: www.gabar.org
Office of the General Counsel#
The OGC provides ethics guidance, handles disciplinary matters, and issues advisory opinions interpreting the Georgia Rules of Professional Conduct.
Services:
- Ethics hotline for Georgia attorneys
- Advisory opinion requests
- Disciplinary investigations
- Grievance processing
Georgia Courts#
The Supreme Court of Georgia has ultimate authority over attorney regulation. Georgia trial and appellate courts may have specific requirements for AI use in filings and proceedings.
AI Ethics Guidance Status#
Relevant Existing Guidance#
Georgia’s approach to AI ethics draws from:
- Technology competence requirements in Rule 1.1 comments
- Existing advisory opinions on technology use and confidentiality
- CLE programming on AI ethics and compliance
- National guidance including ABA Formal Opinion 512
The State Bar of Georgia has addressed technology issues through various advisory opinions that inform AI use, including opinions on:
- Cloud computing and data storage
- Electronic communication security
- Third-party service providers
- Metadata and inadvertent disclosure
Core Ethical Obligations Under Georgia Rules#
Rule 1.1: Competence#
Georgia Rule 1.1 requires attorneys to provide competent representation through legal knowledge, skill, thoroughness, and preparation.
Comment [6] addresses technology:
“To maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice, including the benefits and risks associated with technology relevant to the lawyer’s practice…”
AI Competence Requirements:
- Understand how generative AI tools function
- Recognize the risk of AI hallucinations
- Know the limitations of AI legal research
- Maintain ability to evaluate and verify AI outputs
- Stay current on AI developments affecting practice
Rule 1.6: Confidentiality of Information#
Georgia Rule 1.6 establishes strict confidentiality obligations that directly impact AI use.
Rule 1.6(a) provides:
“A lawyer shall maintain in confidence all information gained in the professional relationship with a client, including information which the client has requested to be held inviolate or the disclosure of which would be embarrassing or would likely be detrimental to the client…”
AI Confidentiality Requirements:
Before Using AI:
- Review platform Terms of Service and privacy policies
- Assess whether inputs are used for AI training
- Evaluate data security and encryption measures
- Identify any third-party data sharing practices
Protective Measures:
- Use enterprise AI solutions with enhanced privacy protections
- Anonymize or redact client-identifying information
- Use hypotheticals rather than actual case facts
- Consider on-premise AI solutions for highly sensitive matters
- Obtain client consent when appropriate
Rule 1.4: Communication#
Georgia Rule 1.4 requires attorneys to keep clients reasonably informed and explain matters to the extent necessary for informed decision-making.
AI Communication Considerations:
- Discuss material AI use with clients when relevant
- Respond honestly to client inquiries about AI
- Explain AI-related fee arrangements
- Obtain consent before inputting confidential information into AI
Best Practice: Include AI use provisions in engagement letters to set expectations and establish consent parameters.
Rule 3.3: Candor Toward the Tribunal#
Georgia Rule 3.3 prohibits attorneys from making false statements or offering evidence known to be false.
Critical for AI Use:
- Never submit unverified AI-generated citations
- Verify all quoted language against original sources
- Confirm cases exist and support stated propositions
- Correct any false submissions promptly
Verification Protocol:
- Check every AI-generated citation in Westlaw or Lexis
- Read the actual cases cited
- Verify quotations match original text
- Confirm holdings and procedural history
- Shepardize or KeyCite all cited authority
- Ensure cases support your legal arguments
Rule 5.1: Responsibilities of a Partner or Supervisory Lawyer#
Partners and supervisors must ensure compliance with professional conduct rules throughout the firm.
AI Supervision Requirements:
- Establish comprehensive AI use policies
- Train lawyers and staff on AI risks and verification
- Implement quality control procedures
- Monitor AI use for compliance
- Create accountability structures
Rule 5.3: Responsibilities Regarding Nonlawyer Assistants#
Attorneys must supervise nonlawyer assistants appropriately. AI should be treated similarly:
- AI requires human supervision and oversight
- Attorneys cannot delegate professional judgment to AI
- All AI outputs must be reviewed by a licensed attorney
- Ultimate responsibility for work product remains with the attorney
Georgia Rules: AI Application Matrix#
| Rule | Obligation | AI Application |
|---|---|---|
| Rule 1.1 | Competence | Understand AI; verify all outputs |
| Rule 1.3 | Diligence | Don’t allow AI to cause delays or harm |
| Rule 1.4 | Communication | Discuss material AI use with clients |
| Rule 1.5 | Fees | Bill reasonably for AI-assisted work |
| Rule 1.6 | Confidentiality | Protect client data when using AI |
| Rule 3.3 | Candor | Verify citations before court submission |
| Rule 5.1 | Partner Supervision | Establish and enforce AI policies |
| Rule 5.3 | Nonlawyer Supervision | Supervise AI as you would staff |
| Rule 8.4 | Misconduct | Don’t use AI for dishonesty |
Georgia Court Considerations#
State Courts#
While Georgia state courts have not issued statewide AI rules, attorneys should:
- Monitor local court rules for AI requirements
- Check for individual judge standing orders
- Be prepared to certify accuracy of filings
- Consider voluntary AI disclosure when appropriate
Federal Courts in Georgia#
The Northern District of Georgia, Middle District of Georgia, Southern District of Georgia, and Eleventh Circuit may have specific AI requirements:
- Review current local rules before filing
- Monitor for AI-specific standing orders
- Comply with any certification requirements
- Check individual judge practices
Billing for AI-Assisted Work in Georgia#
Georgia Rule 1.5 requires that fees be reasonable. For AI-assisted work:
Permitted Billing:
- Time spent developing effective AI prompts
- Time reviewing and verifying AI outputs
- Time editing and improving AI-generated content
- Actual time spent creating work product
Prohibited Billing:
- Charging for time not actually worked
- Billing for hours “saved” through AI efficiency
- Undisclosed pass-through of AI costs
Best Practices:
- Discuss AI and billing in engagement letters
- Disclose any AI-related costs to clients
- Consider value-based billing for AI-enhanced efficiency
- Document time spent on AI-assisted tasks accurately
Practical Compliance Steps for Georgia Attorneys#
Policy Development:
- Create written AI use policies for your firm
- Define approved and prohibited AI tools
- Establish mandatory verification requirements
- Develop confidentiality protocols for AI use
- Implement training programs for all personnel
Before Using AI: 6. Review AI platform Terms of Service 7. Evaluate data security and privacy practices 8. Assess whether client consent is needed 9. Determine task appropriateness for AI
During AI Use: 10. Protect client confidential information 11. Use anonymization techniques when possible 12. Maintain human judgment in substantive decisions 13. Document AI use for your records
After AI Generates Content: 14. Independently verify all case citations 15. Check quoted text against original sources 16. Shepardize/KeyCite cited authority 17. Review for accuracy and logical consistency 18. Ensure content properly serves client interests
For Court Filings: 19. Personally verify every citation before filing 20. Comply with any court AI requirements 21. Maintain verification records 22. Be prepared to explain your verification process
Georgia-Specific Considerations#
Transition Into Law Practice Program (TILPP)#
New Georgia lawyers in the Transition Into Law Practice Program should receive AI ethics training as part of their required mentoring. Mentors should address:
- AI competence requirements
- Verification protocols
- Confidentiality safeguards
- Supervision expectations
Institute of Continuing Legal Education (ICLE)#
Georgia ICLE offers programming on AI ethics and technology competence. Attorneys should take advantage of these resources to maintain competence under Rule 1.1.
Lawyer Assistance Program#
The Georgia Lawyer Assistance Program can help attorneys struggling with the challenges of AI integration and technology competence requirements.
Malpractice Insurance Considerations#
Georgia attorneys should review professional liability coverage regarding AI:
Key Questions:
- Does your policy cover AI-related claims?
- Are there AI-specific exclusions?
- Must you disclose AI use to your carrier?
- Is coverage adequate for AI risks?
Risk Management:
- Implement thorough verification protocols
- Document all AI use and review processes
- Train staff on AI limitations and requirements
- Maintain records demonstrating compliance
Frequently Asked Questions#
Has the State Bar of Georgia issued AI ethics guidance?
Must I disclose AI use to Georgia courts?
Can I use AI for legal research in Georgia?
What are Georgia's confidentiality requirements for AI use?
How should Georgia attorneys bill for AI-assisted work?
Resources#
Georgia Resources#
National Resources#
- ABA Formal Opinion 512 - Generative AI ethics guidance
- AI Hallucinations in Courts - Sanctions cases nationwide
- State-by-State AI Ethics Guide - Compare guidance across jurisdictions
Questions About AI Ethics Compliance in Georgia?
While Georgia hasn't issued AI-specific ethics guidance, the Georgia Rules of Professional Conduct provide clear standards for competent, ethical AI use. Understanding these requirements is essential for Georgia attorneys integrating AI into practice.
Consult a Legal Ethics Attorney