Can a law firm use an AI chatbot?
Yes. No ABA rule bans it. Read together, the Florida and ABA opinions set four conditions: the bot says it is AI, it does not give legal advice, it protects what prospects tell it, and a lawyer stays responsible for it.
The clearest statement is Florida Bar Ethics Opinion 24-1 (January 19, 2024):
"To avoid confusion or deception, a lawyer must inform prospective clients that they are communicating with an AI program and not with a lawyer or law firm employee." (Florida Bar Ethics Opinion 24-1)
The same opinion warns against an "overly welcoming generative AI chatbot that may provide legal advice, fail to immediately identify itself as a chatbot, or fail to include clear and reasonably understandable disclaimers limiting the lawyer's obligations" (Florida Bar Ethics Opinion 24-1). It adds that the lawyer "will be ultimately responsible in the event the chatbot provides misleading information."
What must the chatbot do?
| Requirement | Why | Source |
|---|---|---|
| Say up front it is an AI, not a lawyer or staff | Avoids a misleading communication | Florida Opinion 24-1; ABA Rule 7.1 |
| Collect facts, don't advise | Advice can create a client relationship | Florida Opinion 24-1 |
| Show a clear disclaimer before asking for case details | Without one, the chat can count as a consultation | Florida Opinion 24-1 |
| Ask early if they already have a lawyer | Florida suggests screening questions that limit the chat if so | Florida Opinion 24-1 |
| Keep what they type confidential | Prospects get confidentiality under Rule 1.18 | ABA Rule 1.18 |
| Vet the vendor and supervise the tool | Rule 5.3 covers outside providers | ABA Opinion 512 |
| Don't claim the AI is better than others' unless provable | Florida: superiority claims must be "objectively verifiable" | Florida Opinion 24-1 |
Does a chatbot conversation make someone a prospective client?
It can. ABA Model Rule 1.18 says:
"A person who consults with a lawyer about the possibility of forming a client-lawyer relationship with respect to a matter is a prospective client." (ABA Model Rule 1.18)
Once that happens, Rule 1.18(b) bars you from using or revealing what they told you, even if you never take the case. If the bot gathers harmful details from someone on the other side of a current client's matter, the firm can be conflicted out of that matter under Rule 1.18(c), unless both sides consent or the screening steps in Rule 1.18(d) were followed. That is why the disclaimer and the "do you already have a lawyer, and who is the other party?" questions belong at the start, before the story.
What does ABA Formal Opinion 512 add?
Opinion 512 (July 29, 2024) is the ABA's general opinion on generative AI. It does not write chatbot-specific rules, but three duties apply to any intake tool (ABA Formal Opinion 512):
- Confidentiality. Before client information goes into an AI tool, lawyers "must evaluate the risks that the information will be disclosed to or accessed by others outside the firm." Rule 1.18(b) extends this to prospects.
- Supervision. Managing lawyers "must establish clear policies regarding the law firm's permissible use of GAI."
- Vendors. Rule 5.3(b) applies to outside AI providers. The opinion lists checks: vendor credentials, security policies, confidentiality agreements and conflicts screening.
Can an AI agent run intake on its own?
Only under lawyer supervision. California's 2026 guidance, approved May 14, 2026, names "autonomously facilitating client intake" as an example of agentic AI and says:
"Attorneys must not deploy agentic systems in a manner that allows the system to make substantive legal determinations, communicate legal advice, prepare and file pleadings, or otherwise act in a representative capacity without meaningful attorney supervision and review." (State Bar of California, 2026 Practical Guidance)
In practice: the agent may collect facts, book a consult and send reminders. A person at the firm decides whether to take the case, quotes the fee and gives the advice.
Can we call or text a lead back right away?
Yes, if they contacted you first. The ABA comment to Rule 7.3 says a communication is not solicitation "if it is in response to a request for information" (ABA Model Rule 7.3, Comment 1). Texts are not the risky kind of contact under the Model Rule:
"Such person-to-person contact does not include chat rooms, text messages or other written communications that recipients may easily disregard." (ABA Model Rule 7.3, Comment 2)
What stays banned is a live call or real-time contact you start, for profit, with a stranger who needs a lawyer and never asked. State wording differs:
| State | What changes |
|---|---|
| California | Rule 7.3(a) bans soliciting by "in-person, live telephone or real-time electronic contact"; the comment says a reply to a request for information is not solicitation (California Rules, Chapter 7) |
| Florida | Rule 4-7.18's labeling rules for written outreach do not apply "to communications by the lawyer at a prospective client's request" (Rules Regulating The Florida Bar, Chapter 4) |
The bar rules are only half of it. Texting a lead also falls under federal consent rules: see missed-call text back and consent.
Example
Personal injury firm, after-hours chat
A visitor opens the chat at 11 pm. The bot's first line says it is an automated assistant, not a lawyer, and nothing typed creates a client relationship. It asks whether they already have a lawyer and the name of the other driver, then takes contact details and books a call for 9 am. A paralegal reviews the transcript before the call.
Family law firm, missed call
A caller hangs up after hours. The firm's system texts back within a minute: "Sorry we missed you. Reply with a good time to call." The caller started the contact, so this is not solicitation under Rule 7.3; the firm still checks texting consent.
Different for you?
- You run personal injury intake and lose cases to faster firms: see personal injury intake.
- You want to know how fast replies need to be: see speed to lead.
- You want a voice AI on the phone line: see AI receptionist for a small business.
- Your website copy, not the bot, is the question: see law firm website advertising rules.
- You want every call, text and form answered and booked: see the Conversion agent.