Regulation Tracker / United States (state)
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 →
country 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
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
| Version | Date | What changed | Source |
|---|---|---|---|
| Originalcurrent | 2024-09-24 | Initial publication | official |
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 2026-10-07). Data: CC BY 4.0.
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