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Formal Ethics Advisory Opinion 2024-004: Using Generative Artificial Intelligence in the Practice of Law

State Bar of New Mexico Ethics Advisory Committee · New Mexico

last revised 2024-09-24last verified 2026-09-041 versioncountry page →

Ethics opinionIn forceCompetenceVerification dutyConfidentialityClient consentSupervision

map categories:Bar guidance on generative AIDuty to verify AI outputClient data in AI toolsBilling for AI workTechnological competenceSupervision of AI work

Formal Opinion 2024-004 answers yes, qualified, to whether New Mexico lawyers may use generative AI. It implicates Rules 16-101, 16-103, 16-104, 16-105, 16-106, 16-109, 16-303, 16-501, 16-503 and 16-804(C) NMRA, and requires competence, independent verification of output, confidentiality safeguards, conflicts checking and reasonable fees. The opinion is advisory and not binding on tribunals.

Applies to
lawyers, firms
Effective
See version history
Current version
Original · 24 Sept 2024
Last verified
04 Sept 2026
Official text
www.sbnm.org/Portals/NMBAR/GenAI%20Formal%20Opinion%20-%20Sept_2024_FI…

What the document requires

  • Responsible generative AI use is consistent with the duties of competence, diligence and charging reasonable fees
  • Lawyers must not input confidential information into tools lacking adequate confidentiality and security protections, and should obtain informed client consent before doing so
  • Before filing, a lawyer must independently verify the accuracy and sufficiency of all AI-generated material (Rules 16-303, 16-804(C))
  • Lawyers must check court, agency and local rules on whether AI use is allowed and what disclosure is required
  • A lawyer may bill only for time actually spent when AI reduces the work, under Rule 16-105
  • Prior-client information retained by an AI tool can create Rule 16-109 conflicts that must be independently ruled out

Version history

VersionDateWhat changedSource
Originalcurrent2024-09-24Initial publicationofficial

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Formal Ethics Advisory Opinion 2024-004: Using Generative Artificial Intelligence in the Practice of Law" (State Bar of New Mexico Ethics Advisory Committee, Original, 2024-09-24), safelegalai.com/regulation/us-state/us-nm-ethics-advisory-opinion-2024-004 (accessed 2026-09-04). Data: CC BY 4.0.

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