Texas Bar's AI Ethics Rules: 2025 Guidance for Texas Lawyers
Introduction: Texas State Bar Releases Opinion on AI Ethics
In February 2025, the State Bar of Texas's Professional Ethics Committee released Opinion 705, which explores the ethical considerations of using generative artificial intelligence in Texas's legal field. This advisory was developed by the Taskforce for Responsible AI in the Law (TRAIL), an initiative launched by the Texas State Bar's Immediate Past President, Cindy Tisdale. For solo and small firm attorneys across the Lone Star State, this opinion provides a practical framework to balance technological advancement with ethical obligations.
The timing is especially relevant as a growing number of Texas attorneys “are embracing AI as transformative for the legal field.”Understanding these guidelines is essential for smaller Texas practices looking to leverage AI's benefits while maintaining professional standards.
Understanding the Texas Bar's AI Ethics Framework
Opinion 705 builds upon groundwork laid by the 2024 TRAIL report and subsequent ethics discussions in Texas. Rather than creating new rules, it applies existing Texas Disciplinary Rules of Professional Conduct to AI usage, creating a roadmap for responsible implementation throughout the state.
For solo and small firm attorneys practicing in Texas, this framework offers clarity on how to:
- Harness AI tools to enhance client service without ethical compromises
- Navigate specific obligations when implementing AI in day-to-day Texas practice
- Identify potential risks and appropriate safeguards
- Balance innovation with professional responsibility
- Apply ethical principles consistently across different AI applications in Texas legal matters
Key Texas Ethical Obligations for Lawyers Using AI
The Texas Professional Ethics Committee highlighted four primary ethical obligations that directly impact small firm attorneys in the state:
- Duty of Competence (Rule 1.01): Texas attorneys must understand how generative AI functions and possess the necessary skill to use these tools effectively. You can't blindly rely on AI outputs. Rather, you should carefully evaluate and confirm the correctness of the content produced. For solo practitioners in Texas, this might involve consulting experts or attending training to gain sufficient understanding.
- Client Confidentiality (Rule 1.05): AI tools often require detailed inputs, so Texas attorneys must be cautious not to inadvertently disclose confidential client information. The opinion warns about risks when inputting sensitive client details, particularly with systems that might share information with third parties. Small Texas firms should thoroughly vet AI tools for confidentiality safeguards and train staff accordingly.
- Verification Requirements for Texas Lawyers: Texas lawyers must independently verify any AI-generated information before using it in client representation or court filings. Using unverified AI content could expose attorneys to violations of fairness, honesty, and candor to Texas courts. This verification step is non-negotiable, regardless of practice size.
- Fair Billing Practices in Texas: Efficiencies gained through AI must benefit Texas clients financially when using hourly billing methods. Lawyers cannot bill for unworked hours, even if AI makes tasks more efficient. However, reasonable costs for AI services—such as subscription fees—may be passed to Texas clients with appropriate prior agreement.
Practical Implementation for Texas Solo and Small Firms
For smaller practices across Texas, implementing these guidelines requires a strategic approach:
- Assess AI tools thoroughly before adoption, reviewing security features, terms of service, and known limitations
- Consider obtaining explicit client consent when using AI with sensitive Texas case information
- Create simple verification protocols for AI-generated content before client or Texas court submission
- Adjust billing practices to reflect actual work performed, with transparent disclosure of AI-related costs
- Clearbrief's Fact-Citing and Verification tools can help satisfy verification requirements by allowing Texas attorneys to instantly check AI-generated content against source documents
Protecting Client Confidentiality When Using AI in Texas
Client confidentiality remains paramount when implementing AI tools in your Texas practice:
- Review AI providers' data security policies, including how data is stored, used, and potentially shared
- Train all staff on confidentiality protocols when inputting Texas client information into AI systems
- Consider creating guidance on what types of client information should never be entered into external AI tools
- Implement regular audits of AI usage to ensure compliance with Texas confidentiality rules
- Clearbrief's secure integration features support confidentialityby connecting with platforms like Relativity, iManage, and Clio while maintaining robust data protection
Texas Cybersecurity Considerations for AI Implementation
The Texas Bar guidance emphasizes robust security measures when implementing AI tools:
- Conduct continuous training on AI-related security risks like phishing
- Consider cybersecurity insurance that specifically covers AI-related vulnerabilities for Texas practices
- Implement regular updates to security protocols as AI technology evolves
- Create incident response plans for potential data breaches involving AI systems
- Clearbrief's SOC 2 Type 2 certification and data hygiene controls help small Texas firms meet cybersecurity requirements without extensive in-house IT expertise
AI Continuing Education and Compliance in Texas
Staying current with AI developments is essential for ethical compliance in Texas:
- Monitor the Texas State Bar website for AI-focused CLE opportunities and resources
- Focus on practice area-specific AI applications relevant to your Texas firm's specialties
- Stay informed about Texas court-specific AI rules, which may vary by jurisdiction
- Consider AI competency as part of your broader technological competence obligations
- Leverage plain-language toolkits being developed specifically for Texas solo/small firms
Conclusion: Navigating AI Ethically as a Texas Lawyer
Opinion 705 provides Texas lawyers with basic guidelines for the ethical use of AI in their work. This advice assists solo and small firm lawyers in Texas in leveraging technology advancements while maintaining ethical standards for their clients' benefit.
By focusing on competence, confidentiality, verification, and fair billing, smaller Texas practices can responsibly implement AI tools while maintaining professional integrity. As generative AI continues to evolve, ongoing engagement with Texas Bar resources and educational opportunities will remain essential for staying compliant and effective.
The message is clear: AI offers tremendous opportunities for enhancing legal practice in Texas. However, these tools must be implemented with careful attention to ethical obligations. By following the Texas Bar's guidance, solo and small firm attorneys can confidently navigate this technological frontier while upholding the highest professional standards.
