New Jersey has taken a proactive approach to regulating attorney use of artificial intelligence, with the New Jersey Supreme Court and Administrative Office of the Courts issuing guidance on AI use in court proceedings. The New Jersey Rules of Professional Conduct, combined with court directives, provide a comprehensive framework for ethical AI integration in legal practice.
Regulatory Framework#
New Jersey Supreme Court#
The New Jersey Supreme Court oversees attorney regulation and has issued directives addressing AI use in the courts.
AI Guidance: The Court has established policies for AI use in court proceedings and by attorneys appearing before New Jersey courts.
Office of Attorney Ethics (OAE)#
The OAE is the disciplinary arm responsible for investigating and prosecuting attorney misconduct in New Jersey.
Key Functions:
- Investigation of ethics complaints
- Prosecution of disciplinary matters
- Publication of ethics guidance
- Oversight of District Ethics Committees
Contact: New Jersey Courts - Attorney Ethics
Disciplinary Review Board#
The Board reviews ethics decisions and makes recommendations to the Supreme Court on attorney discipline matters.
New Jersey State Bar Association#
While not a regulatory body, the NJSBA provides ethics resources and CLE programming on AI compliance.
Contact Information:
- Address: One Constitution Square, New Brunswick, NJ 08901
- Phone: (732) 249-5000
- Website: www.njsba.com
AI Ethics Guidance Status#
Court Guidance on AI#
The New Jersey Courts have addressed AI use through:
- Administrative Directives: Guidance on AI use in court filings and proceedings
- Notice on AI: Information for self-represented litigants and attorneys
- eCourts Integration: Policies for AI-assisted electronic filing
Key Principles from NJ Guidance#
New Jersey’s approach to attorney AI use emphasizes:
- Human Oversight: Attorneys remain responsible for all work product
- Verification Requirements: All AI-generated content must be verified
- Candor Obligations: Attorneys must not submit false or fabricated information
- Confidentiality Protection: Client data must be protected when using AI
Core Ethical Obligations Under New Jersey RPCs#
RPC 1.1: Competence#
New Jersey RPC 1.1 requires competent representation, including technological competence to understand AI tools.
Comment [8] addresses technology competence:
“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 relevant technology…”
AI Competence Requirements:
- Understand how generative AI systems work
- Recognize the risk of hallucinations (fabricated information)
- Know the limitations of AI legal research tools
- Maintain ability to verify and evaluate AI outputs
RPC 1.6: Confidentiality of Information#
New Jersey’s confidentiality rule requires attorneys to protect client information when using AI systems.
Before Using AI:
- Review Terms of Service for data handling practices
- Determine if inputs are used to train AI models
- Assess security measures and encryption
- Identify any third-party data sharing
Protective Measures:
- Use enterprise AI solutions with enhanced privacy
- Anonymize client information before input
- Use hypotheticals rather than actual case facts
- Consider air-gapped or on-premise AI solutions for sensitive matters
RPC 1.6(a) provides:
“A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation…”
Using AI systems that may expose client data to third parties or use it for training purposes may violate this rule without proper safeguards or client consent.
RPC 1.4: Communication#
New Jersey attorneys must keep clients informed about significant aspects of their representation.
AI Disclosure Considerations:
- Material AI use should be discussed with clients
- Fee arrangements involving AI should be disclosed
- Client inquiries about AI use must be answered honestly
- Confidential information processing by AI may require consent
RPC 3.3: Candor Toward the Tribunal#
This rule is critical for AI use in litigation. New Jersey attorneys must not:
- Submit fabricated case citations
- Present false quotations from cases
- Rely on AI-generated research without verification
- Make representations about law that haven’t been verified
Verification Protocol:
- Check every citation in Westlaw, Lexis, or official reporters
- Verify quoted language matches original sources
- Confirm holdings and procedural posture
- Shepardize/KeyCite all cited authority
- Ensure cases support the propositions stated
RPC 5.1: Responsibilities of Partners, Managers, and Supervisory Lawyers#
Law firm partners and supervisors must ensure AI compliance across the firm:
Required Actions:
- Establish written AI use policies
- Train attorneys on AI verification requirements
- Implement quality control procedures
- Supervise AI use by junior attorneys
RPC 5.3: Responsibilities Regarding Nonlawyer Assistance#
AI should be treated like a nonlawyer assistant requiring supervision:
- Attorneys cannot delegate professional judgment to AI
- All AI outputs require human review
- Supervision must be proportionate to risk
- Ultimate responsibility remains with the attorney
New Jersey RPCs: AI Application Matrix#
| Rule | Obligation | AI Application |
|---|---|---|
| RPC 1.1 | Competence | Understand AI tools; verify all outputs |
| RPC 1.3 | Diligence | Don’t allow AI to cause delays or harm |
| RPC 1.4 | Communication | Discuss material AI use with clients |
| RPC 1.5 | Fees | Bill reasonably; disclose AI-related costs |
| RPC 1.6 | Confidentiality | Protect client data in AI systems |
| RPC 3.3 | Candor | Verify all citations before court submission |
| RPC 5.1 | Supervision (Lawyers) | Establish AI policies; supervise compliance |
| RPC 5.3 | Supervision (Nonlawyers) | Supervise AI as nonlawyer assistant |
| RPC 8.4 | Misconduct | Don’t use AI for dishonesty or fraud |
New Jersey Court Requirements#
Filing Requirements#
New Jersey courts may require:
- Certification that filings have been verified for accuracy
- Disclosure of AI assistance in certain circumstances
- Compliance with eCourts system requirements
Federal Courts in New Jersey#
The District of New Jersey and Third Circuit may have additional AI-related requirements:
- Check local rules for AI disclosure obligations
- Monitor for standing orders addressing AI use
- Comply with any certification requirements
Best Practice: Review current local rules before any court filing to ensure compliance with the most recent AI-related requirements.
Billing for AI-Assisted Work#
New Jersey RPC 1.5 requires reasonable fees. For AI-assisted work:
Permitted Billing:
- Time spent crafting effective AI prompts
- Time reviewing and verifying AI outputs
- Time editing and refining AI-generated content
- Actual time spent on AI-assisted tasks
Prohibited Billing:
- Billing for time not actually worked
- Charging for hours “saved” by AI efficiency
- Undisclosed AI subscription pass-through costs
Client Communication:
- Discuss AI billing practices in engagement letters
- Disclose if AI costs will be passed to clients
- Consider value-based billing arrangements
- Be transparent about efficiency gains
Practical Compliance Steps for New Jersey Attorneys#
Firm-Level Requirements:
- Develop comprehensive AI use policies
- Identify approved and prohibited AI tools
- Establish verification requirements for all AI outputs
- Create confidentiality protocols for AI use
- Implement training programs for all attorneys and staff
Before Using AI: 6. Review AI platform Terms of Service 7. Assess data security and privacy practices 8. Determine whether client consent is needed 9. Evaluate whether the task is appropriate for AI
During AI Use: 10. Protect client confidential information 11. Use anonymization when possible 12. Maintain human judgment in substantive decisions 13. Document AI use and verification steps
After AI Generates Content: 14. Verify all citations in Westlaw/Lexis 15. Check quoted language against originals 16. Shepardize/KeyCite cited authority 17. Review for accuracy and completeness 18. Confirm content serves client interests
For Court Filings: 19. Personally verify every citation 20. Comply with any AI disclosure requirements 21. Maintain verification records 22. Be prepared to certify accuracy
Malpractice and Insurance Considerations#
New Jersey attorneys should review professional liability coverage for AI:
Key Considerations:
- Some policies may exclude AI-related claims
- Disclosure of AI use may be required
- Document verification procedures thoroughly
- Review coverage adequacy for AI risks
Risk Management:
- Implement robust verification protocols
- Train staff on AI limitations
- Document all AI use and review processes
- Consider additional coverage if needed
Frequently Asked Questions#
Has New Jersey issued formal AI ethics guidance for attorneys?
Must I disclose AI use to New Jersey courts?
Can I use AI for legal research in New Jersey?
What are the confidentiality requirements for using AI in New Jersey?
How should I bill for AI-assisted work in New Jersey?
Resources#
New Jersey Resources#
- NJ Courts - Artificial Intelligence (AI section under Attorneys)
- NJ Courts - Attorney Ethics and Discipline
- New Jersey Rules of Professional Conduct
- New Jersey State Bar Association
National Resources#
- ABA Formal Opinion 512 - Generative AI and attorney ethics
- AI Hallucinations in Courts - Sanctions cases nationwide
- State-by-State AI Ethics Guide - Compare guidance across jurisdictions
Questions About AI Ethics Compliance in New Jersey?
New Jersey courts and regulators are actively addressing AI use in legal practice. Understanding your obligations under the RPCs and court directives is essential for compliant AI integration.
Consult a Legal Ethics Attorney