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Regulation Tracker / United States (state)

Proposed amendments to Rules of Professional Conduct 1.1, 1.4, 1.6, 3.3, 5.1 and 5.3 related to artificial intelligence

State Bar of California · California

last revised 2026-03-13last verified 2026-09-031 version

ConsultationProposedVerification dutySupervisionCompetenceConfidentiality

Proposed amendments to the California Rules of Professional Conduct that would write AI duties directly into the rules: verification of cited authorities, firm-level AI governance policies under Rule 5.1, and instruction of nonlawyer assistants under Rule 5.3. Public comment closed 4 May 2026 and the Board of Trustees considered them in mid May 2026. Adoption requires the California Supreme Court.

Applies to
lawyers, firms
Effective
See version history
Current version
Public comment draft (COPRAC approved 13 March 2026) · 13 Mar 2026
Last verified
03 Sept 2026

What the document requires

  • Would amend Rule 3.3 to require verification that authorities cited to a tribunal exist and support the proposition.
  • Would amend Rule 5.1 to require managerial lawyers to adopt AI governance policies.
  • Would amend Rule 5.3 to require instruction of nonlawyer staff on AI use.
  • Would add AI competence and confidentiality comments to Rules 1.1, 1.4 and 1.6.
  • Not yet adopted by the California Supreme Court as of September 2026.

Version history

VersionDateWhat changedSource
Public comment draft (COPRAC approved 13 March 2026)current2026-03-13First version recorded.official

Related court incidents on the record

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Proposed amendments to Rules of Professional Conduct 1.1, 1.4, 1.6, 3.3, 5.1 and 5.3 related to artificial intelligence" (State Bar of California, Public comment draft (COPRAC approved 13 March 2026), 2026-03-13), safelegalai.com/regulation/us-state/ca-state-bar-proposed-ai-rule-amendments (accessed 2026-09-04). Data: CC BY 4.0.

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