What the rules look at
Rule 7.1 treats a communication as false or misleading if it contains a material misrepresentation of fact or law, or omits a fact needed to keep the statement as a whole from being materially misleading. Comment [2] adds that a truthful statement can still mislead if it leads a reasonable person to a conclusion about the lawyer with no reasonable factual foundation.
Those tests apply to a practice page, a blog post, or a chatbot reply in the same way. An AI draft that says your firm "always wins" or calls an attorney a "specialist" without certification creates the same problem a lawyer-typed draft would. ABA Formal Opinion 512 also warns that generative AI output can be inaccurate, which is one more reason every draft needs a lawyer's review. Our summary of what Opinion 512 means for marketing covers the rest.
What Florida has said about AI and advertising
Florida Bar Ethics Opinion 24-1, dated January 19, 2024, is the clearest state example. It says a generative AI chatbot that talks with prospective clients must comply with the advertising rules, must tell users it is an AI program and not a lawyer or employee, and remains the lawyer's responsibility if it gives misleading information. It also says a lawyer may advertise the use of AI but may not claim that AI is superior to what other firms use unless the claim is objectively verifiable. The Florida guide covers the state's wider rule set.
A website is advertising, not solicitation
Comment [1] to Model Rule 7.3 says a communication directed to the general public, such as a website or an Internet banner ad, is not solicitation. That puts your pages under Rules 7.1 and 7.2 rather than the solicitation rule, and it means the standard is accuracy. For the drafting question itself, see whether lawyers can use AI to write website content.
Go deeper
The AI search guide for law firms links every state guide, and each state guide names the advertising rules that apply there.
Keep reading
Sources
- ABA Model Rules of Professional Conduct, Rule 7.2
- ABA Model Rules 7.1 to 7.3 and comments as amended August 2018 (clean text in the ABA report, copy hosted by the Connecticut Bar Association)
- ABA Formal Opinion 512, "Generative Artificial Intelligence Tools" (July 29, 2024)
- The Florida Bar, Ethics Opinion 24-1 (January 19, 2024)