AI Or Not, Texas Fee Ethics Stay The Same

The use of artificial intelligence (AI) in legal practice is accelerating the automation of how attorneys research, draft documents, and manage cases. AI tools provide big increases in drafting and research efficiency. However, unpredictable, material problems with AI's accuracy make it unreliable for finished legal products. At this stage of the art, a prudent attorney cannot attribute or abdicate legal competence to any AI tool. A competent, qualified human must complete a thorough review of AI-assisted legal work product before it can be considered final.

How can practicing attorneys apply existing ethical rules and principles in billing for AI-assisted legal work? For now, ethical billing of fees for AI-assisted legal work under existing Texas Rules requires much the same analysis as fee billing did before AI entered the picture. Nothing fundamental has changed, just the context of AI's application, which will still require human judgment in each case.