The ABA's 2024 Formal Opinion on AI: What Every North Carolina Attorney Must Know
The ABA's Formal Opinion 512 clarifies that the duty of competence under Rule 1.1 now affirmatively requires attorneys to understand AI tools they use. North Carolina attorneys should audit their practices now.
The American Bar Association issued Formal Opinion 512 in July 2024, offering the most comprehensive federal ethics guidance on artificial intelligence that the legal profession has seen. For North Carolina attorneys practicing under the Rules of Professional Conduct, this opinion carries immediate practical weight.
The Competence Standard Has Shifted
Rule 1.1 of the North Carolina Rules of Professional Conduct obligates attorneys to provide competent representation. Comment 8 to that rule, mirroring ABA Model Rule 1.1, specifically addresses the duty to keep abreast of changes in the law and its practice, including the benefits and risks associated with relevant technology. The ABA opinion makes explicit what was previously implicit: using an AI tool without understanding its limitations is itself an ethical violation.
This is not a hypothetical concern. In 2023, a New York federal court sanctioned attorneys who submitted a brief containing AI-fabricated citations. The attorneys claimed unfamiliarity with the tool. The court was unimpressed. The North Carolina State Bar has not yet issued specific AI guidance, but its general technology comments track the ABA model closely.
Three Obligations the Opinion Identifies
First, attorneys must understand how any AI tool they use actually functions -- not at an engineering level, but well enough to evaluate reliability. Second, attorneys must independently verify AI output before using it, particularly in court filings. Third, attorneys supervising others who use AI tools bear supervisory responsibility for their subordinates' use under Rule 5.1.
For North Carolina practitioners, the practical takeaway is straightforward: document your AI use policies, train your staff, and verify before you file. The question is no longer whether AI belongs in legal practice. It is whether your practice is ready to use it responsibly.