Understanding North Carolina AI Ethics Opinion 2024 FEO 1
The legal profession in North Carolina continues to evolve as technological innovation reshapes how attorneys practice, serve clients, and fulfill their ethical obligations. Artificial intelligence (AI) has emerged as a transformative force across legal operations – from research and drafting to case evaluation and client communications. With these advancements come important questions about how lawyers may ethically leverage AI, particularly generative AI and large language models. In 2024, the North Carolina State Bar issued Formal Ethics Opinion 1 (2024 FEO 1), offering critical guidance on these topics. For North Carolina attorneys and legal services professionals, understanding the impact of the North Carolina AI ethics opinion 2024 FEO 1 is essential for competent and compliant practice.
AI, Competence, and Professional Responsibility in North Carolina
A key feature of 2024 FEO 1 is its careful delineation of how AI can be incorporated into legal practice without violating the North Carolina Rules of Professional Conduct. The opinion begins by affirming that the duty of competence (Rule 1.1) is foundational and includes technological competence. With the proliferation of AI-powered tools, from document review to contract analysis, lawyers must assess whether particular technologies are fit for purpose, capable of producing reliable results, and free from undue bias. This extends beyond the mere use of AI-powered products: attorneys are responsible for continuously updating their understanding of how these systems work, what data sets they are trained on, and where potential inaccuracies or “hallucinations” may occur.
The opinion brings into focus the responsibilities of supervising all personnel, including nonlawyer staff who may interact with or rely on AI. North Carolina AI ethics opinion 2024 FEO 1 emphasizes that the ultimate responsibility for work product remains with the lawyer, not the technology. This means that while AI can streamline or even automate certain legal tasks, final oversight, review, and substantive decision-making must rest with the human attorney. The opinion is explicit in its assertion that delegating critical tasks, such as legal analysis or strategic judgment, to an AI system without appropriate scrutiny would violate ethical mandates.
Client Confidentiality and Data Protection
2024 FEO 1 also addresses essential considerations surrounding client information. North Carolina’s Rules of Professional Conduct require attorneys to preserve confidentiality (Rule 1.6), and the opinion highlights the intricacies involved when using AI platforms – particularly cloud-based or third-party generative AI tools – that process, store, or transmit client data. Lawyers must undertake reasonable diligence to evaluate the security protocols of AI vendors, ensuring client data is protected against unauthorized access or disclosure. The opinion points out the need for robust safeguards, tailored contracts, and, where available, encryption.
Before introducing client data to an AI system, attorneys must ensure the technology provider’s terms of service and privacy policies align with their ethical obligations. If the risk of exposure cannot be adequately remedied, the use of that AI application could be impermissible. The North Carolina AI ethics opinion 2024 FEO 1 further stipulates the importance of client communication: lawyers should inform clients when their confidential information may be processed by AI-driven tools and be prepared to explain the attendant risks and benefits. In some scenarios, obtaining a client’s informed consent may be required before leveraging AI for work on their matter.
Disclosure, Candor, and the Use of AI in Legal Filings
Another important dimension addressed by 2024 FEO 1 involves disclosure obligations. Recent high-profile instances nationwide of attorneys submitting AI-generated content featuring fictitious case law or misrepresentations have underscored the risks of unreviewed AI output. North Carolina’s ethics opinion makes clear that it is unethical for lawyers to submit court filings or communications containing AI-generated work product without rigorous review to verify accuracy, completeness, and truthfulness under Rule 3.3 and Rule 4.1.
Should a lawyer use an AI system in drafting substantive documents, especially those filed in court, they must ensure that the filing is not only factually and legally sound, but also free from deceptive or misleading content. If AI assists in generating content, and there might be a material impact on the client’s interests, the opinion recommends careful consideration regarding disclosure to the tribunal or opposing parties. The threshold for such disclosure is context-specific, requiring the attorney to exercise informed, case-by-case judgment.
Practical Implications for North Carolina Legal Practices
North Carolina AI ethics opinion 2024 FEO 1 signifies a decisive step in bridging the gap between technological innovation and enduring professional standards. For law firms, legal departments, and alternative legal services providers across North Carolina, compliance starts with fostering a culture of technological literacy. Leadership must invest in regular training so practitioners understand not only how AI tools function, but also their ethical use limitations. Procurement processes should be refined to vet AI vendors for data security, confidentiality, and transparency.
Internally, firms should update risk management protocols, ensuring that all AI-assisted work product is subject to meaningful human review and quality control. Documented workflows, auditing, and guidance for nonlawyer staff further mitigate risks highlighted in the opinion. Additionally, crafting clear client communications about the use of AI tools, related privacy implications, and their role in case strategy aligns with both ethical duties and rising client expectations.
In summary, the North Carolina AI ethics opinion 2024 FEO 1 aligns the promise of cutting-edge technology with the state’s established rules of ethical legal practice. By adhering to its guidance, legal professionals can elevate service efficiency and accuracy without compromising the fundamental duties of competence, confidentiality, and candor that define the North Carolina bar. As AI’s rise continues, this opinion provides the guardrails necessary for responsible innovation in the modern practice of law.
Based in Greensboro, North Carolina, Rob Dean with UnitedLex helps law firms and in-house legal departments solve data challenges in litigation and regulatory actions. With extensive experience in the legal tech industry, Mr. Dean is committed to delivering innovative solutions to enhance efficiency and drive success. He is a member of the Electronic Discovery Institute.