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Regulation Tracker / United States (state)

Legal Ethics Opinion 1901: Reasonable Fees and the Use of Generative Artificial Intelligence

Virginia State Bar (approved by the Supreme Court of Virginia) · Virginia

last revised 2025-11-24last verified 2026-09-041 versioncountry page →

Ethics opinionIn forceCompetenceDisclosure

map categories:Billing for AI workBar guidance on generative AIClient consent and transparency

Unverified: we have not yet opened the official document at the linked address. The record is listed for completeness and excluded from search indexes until confirmed.

LEO 1901 addresses how Virginia lawyers may bill for work assisted by generative AI. It concludes that value-based and flat fees may reflect efficiency gains, the skill of effectively incorporating the technology, and the value of the output, and remain reasonable under Rule 1.5(a); a lawyer need not reduce a flat or value-based fee solely because AI accelerated the work.

Applies to
lawyers, firms
Effective
24 Nov 2025
Current version
Approved · 24 Nov 2025
Last verified
04 Sept 2026

What the document requires

  • Value-based fees may reflect efficiency gains and the specialised skill of effectively incorporating AI, and remain reasonable under Rule 1.5(a)
  • A lawyer is not ethically required to reduce a flat or value-based fee solely because generative AI accelerated the work
  • The 'skill requisite to perform the legal service properly' may increase when using AI
  • Rule 1.5(b) may require additional explanation of why the lawyer's experience or technical skill contributes value even where time spent has fallen

Version history

VersionDateWhat changedSource
Approvedcurrent2025-11-24Approved by the Supreme Court of Virginia and effective immediately; VSB Council approved the proposed opinion on 12 June 2025official

Sources

Cite this record

SafeLegalAI Legal AI Regulation Tracker, "Legal Ethics Opinion 1901: Reasonable Fees and the Use of Generative Artificial Intelligence" (Virginia State Bar (approved by the Supreme Court of Virginia), Approved, 2025-11-24), safelegalai.com/regulation/us-state/us-va-legal-ethics-opinion-1901 (accessed 2026-09-04). Data: CC BY 4.0.

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