Ohio attorneys must navigate artificial intelligence integration within the framework of the Ohio Rules of Professional Conduct and guidance from the Supreme Court of Ohio and its Board of Professional Conduct. The Board has actively addressed technology issues through advisory opinions, providing a foundation for ethical AI use in legal practice throughout the Buckeye State.
Regulatory Framework#
Supreme Court of Ohio#
The Supreme Court has ultimate authority over attorney regulation in Ohio, including promulgation of the Ohio Rules of Professional Conduct and attorney discipline.
Key Functions:
- Promulgation of ethics rules
- Final authority on attorney discipline
- Oversight of legal profession regulation
Website: www.supremecourt.ohio.gov
Board of Professional Conduct#
The Board of Professional Conduct issues advisory opinions interpreting the Ohio Rules of Professional Conduct, providing essential guidance on ethical obligations.
Key Functions:
- Advisory opinions on ethics questions
- Interpretation of professional conduct rules
- Guidance on emerging ethical issues
- Published opinions database
Advisory Opinion Request: Attorneys can request informal or formal advisory opinions from the Board.
Website: Supreme Court of Ohio - Board of Professional Conduct
Office of Disciplinary Counsel#
The Office of Disciplinary Counsel investigates complaints and prosecutes disciplinary matters.
Key Functions:
- Complaint investigation
- Disciplinary prosecution
- Public discipline records
Ohio State Bar Association (OSBA)#
While not a regulatory body, the OSBA provides ethics resources, CLE programming, and practice guidance.
Contact Information:
- Address: 1700 Lake Shore Drive, Columbus, OH 43204
- Phone: (614) 487-2050 or (800) 282-6556
- Website: www.ohiobar.org
AI Ethics Guidance Status#
Relevant Board Advisory Opinions#
Ohio’s approach to AI ethics is informed by existing advisory opinions addressing technology:
Technology-Related Opinions:
- Cloud computing and data storage obligations
- Electronic communications and confidentiality
- Third-party service providers
- Lawyer technology competence requirements
These opinions establish principles directly applicable to AI use:
- Attorneys must understand technology they use
- Client confidentiality extends to electronic systems
- Due diligence required before using third-party technology
- Supervision obligations apply to technology-assisted work
State Bar Guidance#
The OSBA has addressed AI through:
- CLE programming on AI ethics and compliance
- Practice management resources
- Ethics hotline guidance
- Publications addressing AI risks
Core Ethical Obligations Under Ohio Rules#
Rule 1.1: Competence#
Ohio Rule 1.1 requires competent representation through legal knowledge, skill, thoroughness, and preparation.
Comment [8] 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 relevant technology…”
AI Competence Requirements:
- Understand generative AI capabilities and limitations
- Recognize hallucination risks (fabricated information)
- Know when AI is appropriate and when it isn’t
- Maintain ability to verify and evaluate AI outputs
- Stay current on AI developments in legal practice
Rule 1.6: Confidentiality of Information#
Ohio Rule 1.6 establishes strict confidentiality obligations directly impacting AI use.
Rule 1.6(a) provides:
“A lawyer shall not reveal information relating to the representation of a client, including information protected by the attorney-client privilege under applicable law, unless the client gives informed consent, the disclosure is impliedly authorized in order to carry out the representation, or the disclosure is permitted by division (b) or required by division (c) of this rule.”
AI Confidentiality Requirements:
Before Using AI:
- Review platform Terms of Service and privacy policies
- Determine if inputs are used for AI model training
- Evaluate data security measures and encryption
- Identify any third-party data sharing
Protective Measures:
- Use enterprise AI solutions with enhanced privacy
- Anonymize client-identifying information
- Use hypotheticals rather than actual facts
- Consider on-premise solutions for sensitive matters
- Obtain informed consent when appropriate
Comment [18] addresses technology transmission: Attorneys must act competently when transmitting information using technology, including taking reasonable precautions against inadvertent disclosure.
Rule 1.4: Communication#
Ohio attorneys must keep clients reasonably informed about significant developments.
AI Communication Considerations:
- Discuss material AI use with clients
- Respond honestly to client AI inquiries
- Explain AI-related fee arrangements
- Obtain consent before AI processes confidential data
Best Practice: Address AI use in engagement letters to establish expectations and obtain appropriate consent.
Rule 3.3: Candor Toward the Tribunal#
Ohio Rule 3.3 prohibits false statements and fabricated evidence before tribunals.
AI Candor Requirements:
- Never submit unverified AI-generated citations
- Verify all quoted language against original sources
- Confirm cited cases exist and support your propositions
- Correct any false submissions immediately
Verification Protocol:
- Check every AI citation in Westlaw or Lexis
- Read the actual cases cited
- Verify quotations match original text
- Confirm holdings and procedural history
- Shepardize or KeyCite all authority
- Ensure cases support your arguments
Rule 5.1: Responsibilities of Managerial and Supervisory Lawyers#
Partners and supervisors must ensure firm-wide professional conduct compliance.
AI Supervision Requirements:
- Establish comprehensive AI use policies
- Train all lawyers on AI verification requirements
- Implement quality control procedures
- Monitor AI use for compliance
- Create accountability structures
Rule 5.3: Responsibilities Regarding Nonlawyer Assistants#
AI should be supervised similarly to nonlawyer assistants:
- AI requires human supervision
- Attorneys cannot delegate professional judgment to AI
- All AI outputs require review by licensed attorneys
- Ultimate responsibility remains with supervising lawyers
Ohio 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 | Managerial Supervision | Establish and enforce AI policies |
| Rule 5.3 | Nonlawyer Supervision | Supervise AI like nonlawyer staff |
| Rule 8.4 | Misconduct | Don’t use AI for dishonesty |
Ohio Court Considerations#
State Courts#
Ohio state courts (Common Pleas, Courts of Appeals, Supreme Court) may have AI-related requirements:
- Monitor local rules and standing orders
- Check individual judge requirements
- Be prepared to certify filing accuracy
- Consider voluntary AI disclosure when appropriate
Supreme Court of Ohio#
The Supreme Court sets attorney regulation policy and may address AI use through:
- Rule amendments
- Administrative guidance
- Board of Professional Conduct opinions
Federal Courts in Ohio#
The Northern District of Ohio, Southern District of Ohio, and Sixth Circuit may have specific AI requirements:
- Review current local rules before filing
- Check for AI-specific standing orders
- Comply with any certification requirements
- Monitor individual judge practices
Billing for AI-Assisted Work in Ohio#
Ohio Rule 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 AI-generated content
- Actual time spent on AI-assisted tasks
Prohibited Billing:
- Billing for time not actually worked
- Charging for hours “saved” by AI
- Undisclosed AI cost pass-through
Best Practices:
- Discuss AI billing in engagement letters
- Disclose any AI-related costs
- Consider value-based billing arrangements
- Document time accurately
Practical Compliance Steps for Ohio Attorneys#
Policy Development:
- Create written AI use policies
- Define approved and prohibited AI tools
- Establish mandatory verification requirements
- Develop confidentiality protocols
- Implement training for all personnel
Before Using AI: 6. Review AI platform Terms of Service 7. Evaluate data security and privacy 8. Assess whether client consent is needed 9. Determine task appropriateness for AI
During AI Use: 10. Protect client confidential information 11. Use anonymization when possible 12. Maintain human judgment in decisions 13. Document AI use for records
After AI Generates Content: 14. Verify all citations in Westlaw/Lexis 15. Check quoted text against originals 16. Shepardize/KeyCite cited authority 17. Review for accuracy and completeness 18. Ensure content serves client interests
For Court Filings: 19. Personally verify every citation 20. Comply with any court AI requirements 21. Maintain verification documentation 22. Be prepared to explain verification
Ohio-Specific Considerations#
CLE Requirements#
Ohio CLE requirements include ethics obligations. AI ethics programming helps attorneys:
- Maintain technology competence under Rule 1.1
- Understand emerging AI risks
- Develop compliant practices
Legal Aid Providers#
Attorneys providing legal aid services should ensure AI use complies with ethics rules and any organizational guidelines regarding client confidentiality and service quality.
Mentorship Programs#
New Ohio attorneys in mentorship programs should receive AI ethics training from their mentors, including verification protocols and confidentiality requirements.
Certified Legal Specialist Program#
Ohio Certified Legal Specialists should maintain AI competence in their specialty areas and ensure AI use meets the heightened expertise standards.
Malpractice Insurance Considerations#
Ohio attorneys should review professional liability coverage:
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
- Maintain compliance records
Frequently Asked Questions#
Has Ohio issued formal AI ethics guidance?
Must I disclose AI use to Ohio courts?
Can I use AI for legal research in Ohio?
What are Ohio's confidentiality requirements for AI use?
How should Ohio attorneys bill for AI-assisted work?
Resources#
Ohio Resources#
- Supreme Court of Ohio
- Board of Professional Conduct
- Ohio Rules of Professional Conduct
- Ohio State Bar Association
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 Ohio?
The Ohio Rules of Professional Conduct and Board of Professional Conduct advisory opinions provide a framework for ethical AI use. Understanding these requirements is essential for Ohio attorneys integrating AI into legal practice.
Consult a Legal Ethics Attorney