Maryland has taken a measured and thoughtful approach to regulating attorney use of artificial intelligence, applying its well-established Maryland Attorneys’ Rules of Professional Conduct (MARPC) to emerging AI technologies. The state’s legal community, led by the Maryland State Bar Association and the Supreme Court of Maryland (formerly Court of Appeals), emphasizes that existing ethical obligations fully govern AI use while recognizing the need for practical guidance.
Maryland Regulatory Overview#
Supreme Court of Maryland#
The Supreme Court of Maryland (renamed from Court of Appeals in 2022) has ultimate authority over attorney regulation, including the Maryland Attorneys’ Rules of Professional Conduct. The Court oversees attorney discipline through the Attorney Grievance Commission.
Key Contacts:
- Website: mdcourts.gov
- Attorney Grievance Commission: (410) 514-7051
Maryland State Bar Association#
The Maryland State Bar Association (MSBA) is a voluntary professional organization providing ethics guidance, CLE, and resources for Maryland attorneys.
Key Contacts:
- Website: msba.org
- Ethics Hotline: (410) 685-7878
- Address: 520 W. Fayette Street, Baltimore, MD 21201
Attorney Grievance Commission#
The Attorney Grievance Commission of Maryland investigates complaints and prosecutes attorney discipline matters.
AI Ethics Guidance Status#
Current Position#
Maryland addresses AI through its existing MARPC framework:
- MARPC applies fully to AI use without modification
- Technology competence is integral to competence requirements
- Client protection remains paramount
- Practical guidance available through MSBA resources
MSBA Initiatives#
The Maryland State Bar Association has addressed AI through:
- CLE programs on AI ethics and practice implications
- Committee work on technology and practice management
- Ethics resources addressing technology questions
- Member communications on emerging AI issues
Standing Committee on Ethics#
The MSBA’s Standing Committee on Ethics issues opinions interpreting MARPC, providing guidance applicable to AI use in legal practice.
Core Ethical Obligations#
Confidentiality (MARPC 19-301.6)#
Maryland’s confidentiality rule establishes comprehensive protections:
Scope of Duty:
- Protects all information relating to representation
- Applies regardless of source or form
- Extends to prospective and former clients
AI-Specific Obligations:
- Assess AI platforms for adequate security measures
- Review Terms of Service and data practices
- Verify AI providers don’t use client data for training
- Consider enhanced protections for sensitive matters
Comment [18] - Acting Competently: Maryland’s comment requires attorneys to:
“Act competently to safeguard information relating to the representation of a client against unauthorized access by third parties and against inadvertent or unauthorized disclosure.”
Reasonable Measures Include:
- Understanding how AI processes and stores data
- Implementing appropriate access controls
- Using enterprise AI solutions when appropriate
- Training staff on confidentiality requirements
Competence (MARPC 19-301.1)#
Maryland’s competence rule requires:
Knowledge and Skill:
- Understanding the benefits and risks of AI tools
- Recognizing AI capabilities and limitations
- Knowing when AI use is appropriate for specific tasks
Comment [8] - Maintaining Competence: Maryland has adopted the technology competence comment:
“To maintain the requisite knowledge and skill, an attorney should keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology.”
Verification Requirements:
- Independently verify all AI-generated citations
- Confirm accuracy of legal propositions
- Check quoted language against original sources
- Use authoritative databases for verification
Supervision (MARPC 19-305.1 and 19-305.3)#
Maryland’s supervision rules create accountability:
Supervisory Lawyers (Rule 19-305.1):
- Establish firm-wide AI policies and procedures
- Ensure adequate training on AI tools
- Create verification checkpoints for AI work
- Monitor compliance with AI guidelines
Nonlawyer Assistants (Rule 19-305.3):
- AI systems should be supervised as nonlawyer assistants
- Attorneys remain responsible for AI outputs
- Implement quality control measures
- Ensure staff understands confidentiality obligations
Candor to the Tribunal (MARPC 19-303.3)#
Maryland’s candor rule prohibits:
- Making false statements of fact or law
- Failing to correct false statements previously made
- Offering evidence known to be false
AI Application:
- AI hallucinations constitute false statements if submitted
- No defense based on AI reliance
- Attorneys bear full responsibility for filed content
Maryland Attorneys’ Rules of Professional Conduct Implicated#
| Rule | Obligation | AI Application |
|---|---|---|
| 19-301.1 | Competence | Understand AI; verify all outputs |
| 19-301.2 | Scope of Representation | Client authority over AI decisions |
| 19-301.4 | Communication | Inform clients of material AI use |
| 19-301.5 | Fees | Reasonable fees; appropriate billing |
| 19-301.6 | Confidentiality | Protect client data in AI |
| 19-303.3 | Candor to Tribunal | Verify before court submission |
| 19-305.1 | Supervisory Duties | Establish AI policies |
| 19-305.3 | Nonlawyer Assistance | Supervise AI appropriately |
| 19-308.4 | Misconduct | AI misuse may be misconduct |
Maryland Court Developments#
U.S. District Court for the District of Maryland#
Federal courts in Maryland have addressed AI:
Potential Requirements:
- Monitor standing orders for AI mandates
- Some judges may require certification of verification
- Check local rules for AI-specific requirements
Maryland State Courts#
State courts are monitoring AI developments:
- Circuit courts may adopt AI guidance
- Potential for statewide rules on AI use
- Courts have sanctions authority for fabricated content
- Emphasis on attorney responsibility
Administrative Proceedings#
Attorneys appearing before Maryland administrative agencies should:
- Apply same ethics standards as court proceedings
- Verify AI content before agency submission
- Maintain professional standards in all forums
Billing Considerations#
Fee Reasonableness Under MARPC 19-301.5#
Maryland’s fee rule requires reasonableness:
Factors for Reasonableness:
- Time and labor required
- Novelty and difficulty of questions
- Skill requisite for proper performance
- Customary fees in the locality
Appropriate AI Billing:
- Time spent crafting prompts and inputs
- Time spent reviewing and verifying outputs
- Time spent editing and refining content
- Actual time invested in work
Inappropriate Billing:
- Billing for time saved by AI
- Charging pre-AI rates for accelerated work
- Billing unverified outputs as final work
Client Communication on Fees#
- Discuss AI billing impact upfront
- Consider value-based arrangements
- Provide transparent billing statements
Communication and Consent#
Client Communication (MARPC 19-301.4)#
Maryland’s communication rule requires keeping clients informed:
Disclosure Considerations:
- Disclose when AI materially affects representation
- Inform clients if confidential data enters AI systems
- Communicate when AI affects fees
- Respond to client inquiries about AI
Engagement Letter Provisions: Address:
- Scope of AI use in representation
- Types of AI tools employed
- Confidentiality protections implemented
- Verification procedures used
- Fee implications of AI
Informed Consent#
Obtain consent when appropriate for:
- Input of confidential information to AI
- Use of AI for substantive work
- Specific platforms with particular data practices
Practical Compliance Steps for Maryland Attorneys#
Before Using AI:
- Review AI platform Terms of Service and privacy policies
- Assess security measures and certifications
- Verify data handling, retention, and training policies
- Establish firm-wide AI use policies
- Determine client consent or disclosure needs
During AI Use: 6. Avoid inputting highly confidential information without safeguards 7. Use enterprise AI solutions for sensitive matters 8. Maintain records of prompts and outputs 9. Exercise independent professional judgment
After AI Generates Content: 10. Verify all citations using Westlaw or Lexis 11. Confirm quoted language against original sources 12. Shepardize or KeyCite all cited authority 13. Review for accuracy and logical consistency 14. Document your verification process
For Court Submissions: 15. Check local rules and standing orders 16. Comply with any certification requirements 17. Maintain verification records
For Billing: 18. Bill only for actual time spent 19. Communicate AI billing practices to clients 20. Adjust estimates for AI efficiency
For Supervision: 21. Train all attorneys and staff 22. Require verification before filing 23. Conduct periodic compliance audits
Maryland-Specific Practice Considerations#
Federal Government Practice#
Many Maryland attorneys practice before federal agencies:
Special Considerations:
- Agency-specific AI policies may apply
- Security clearance matters require extra caution
- Federal contracting rules may address AI
- Apply heightened confidentiality standards
Proximity to D.C.#
Maryland attorneys often practice in Washington, D.C.:
Multi-Jurisdictional Considerations:
- Know D.C. ethics rules on AI as well
- Understand which rules apply to specific matters
- Maintain compliance in both jurisdictions
Maryland Legal Services Programs#
For attorneys providing legal aid:
- AI may enhance access to justice
- Same ethics rules apply to pro bono work
- Consider client vulnerability in AI decisions
- Maintain quality standards regardless of fee
Malpractice and Insurance Considerations#
Professional Liability Coverage#
Maryland attorneys should evaluate coverage:
Key Questions:
- Does policy cover AI-related errors?
- Any exclusions for technology claims?
- Required disclosure of AI use?
- Premium implications of AI adoption?
Documentation for Defense:
- Maintain verification procedure records
- Document AI policies and training
- Keep evidence of quality control
Cyber Liability#
Consider coverage for:
- Data breaches involving AI platforms
- Third-party vendor failures
- Client data exposure incidents
Frequently Asked Questions#
Does Maryland require disclosure of AI use to clients?
Can I use ChatGPT for legal research in Maryland?
What confidentiality protections are required for AI use in Maryland?
How should Maryland attorneys supervise AI use?
What happens if I submit fabricated AI citations in Maryland courts?
How should I bill for AI-assisted work in Maryland?
Resources#
- Supreme Court of Maryland
- Maryland State Bar Association
- Maryland Attorneys’ Rules of Professional Conduct
- Attorney Grievance Commission of Maryland
- MSBA Ethics Resources
- ABA Formal Opinion 512 - National guidance on attorney AI use
- AI Hallucinations in Courts - Sanctions cases and verification
Questions About AI Ethics Compliance in Maryland?
Maryland's application of MARPC to AI use provides a clear framework for attorneys seeking to leverage AI responsibly. Understanding your obligations under the Maryland Attorneys' Rules of Professional Conduct is essential for compliant AI integration in your practice.
Consult a Legal Ethics Attorney