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50-State + Federal Reference
AI Disclosure Tracker
The duty to disclose attorney use of AI, and the type and form of disclosure required or recommended, under state bar ethics guidance, state court rules and directives, and federal court rules and standing orders. Click any state row for full citations with links.
Maintained by Robert B. Ogletree, licensed attorney and founder of LawTek.ai.
Current through August 26, 2026 · Links marked "secondary" were verified through authoritative trackers because the official source blocks automated access. Verify any authority against the primary source before relying on it in practice.
Federal & National Baseline
No national or circuit-level rule requires attorneys to disclose AI use as of Aug. 26, 2026. Every affirmative duty comes from bar ethics guidance, individual state or local court rules, district-wide local rules, or individual judges' standing orders.
ABA Formal Op. 512 (July 29, 2024) — informed client consent required before inputting representation information into self-learning generative AI (boilerplate consent insufficient); Rule 1.4 disclosure required only when the client asks, the engagement terms require it, output influences a significant decision, or AI is relevant to fees. All output must be verified before filing.
5th Circuit — proposed AI certification rule (Rule 32.3/Form 6, Nov. 2023) declined June 12, 2024: existing rules suffice; "'I used AI' will not be an excuse." No other circuit has adopted a disclosure rule.
Federal rulemaking — proposed FRE 707 (machine-generated evidence) tabled for further study May 7, 2026; draft FRE 901(c) (deepfakes) not yet published; suggestion 26-CV-21 (May 2026) to add a citation-accuracy certification to FRCP 11 is pending. No federal rule in effect requires AI disclosure.
9th Circuit, LNU v. Blanche (No. 24-4790, June 3, 2026) — precedential sanctions order: suspended attorneys must attach a sworn AI-use disclosure to all future filings (case-specific discipline, not a circuit rule). summarysecondary
Required disclosure/certification of AI use mandated by at least one courtConsent client informed consent required in defined situationsRecommended disclosure recommended, not mandatedVerify only verification duty; no disclosureNot required expressly not requiredNone no authority located
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