State bar AI rules for lawyers: the 2026 state-by-state guide

The short version

Three layers now govern how US lawyers use AI:

1. Ethics rules and opinions from state bars and supreme courts, mostly interpreting existing rules in line with ABA Formal Opinion 512.
2. Court rules and standing orders that govern AI in filings, statewide (as in New York) or judge by judge.
3. Statutes, so far led by California’s SB 574.

Use our interactive State Bar AI Guidance Navigator to see the position in every state, with links to the issuing body.

The 2026 landmarks

California: SB 574, the first statute

Governor Newsom signed SB 574 on September 30, 2026, effective January 1, 2027. According to published summaries, it adds Business and Professions Code section 6068.1 and amends Code of Civil Procedure section 128.7. It prohibits attorneys from delegating the practice of law to generative AI, requires reasonable steps to verify AI output, requires the responsible attorney to verify every citation in court filings, restricts entering confidential information into AI systems unless access is restricted to the attorney and others bound to protect it, and introduces a court disclosure requirement. Before SB 574, the State Bar of California had issued Practical Guidance for the Use of Generative AI in November 2023. Read our briefing.

New York: Part 161 for the courts

New York’s Unified Court System adopted 22 NYCRR Part 161 on March 25, 2026, effective June 1, 2026. It permits AI use in preparing court papers, does not impose a general disclosure requirement, and requires attorneys to review papers and ensure they contain no fabricated or fictitious cases, statutes or other material. Judges keep discretion to add their own rules. The New York City Bar Association had earlier issued Formal Opinion 2024-5 (August 2024). Read our briefing.

Colorado: the first rule amendment

On January 8, 2026, the Colorado Supreme Court adopted AI-related amendments to the Colorado Rules of Professional Conduct: a new Scope paragraph, a revised Comment [8] and a new Comment [9] to Rule 1.1. The new comment notes that AI can implicate other rules, including those on communication, communications about a lawyer’s services and bias, and that reliance on technology does not diminish the duty of independent judgment. Read our briefing.

Formal opinions in other states

Many bars have issued formal or advisory opinions that track Opinion 512’s themes. Leading examples:

Other states have issued court policies, guidelines, toolkits or FAQs rather than formal opinions, including New Jersey (preliminary guidelines from the Supreme Court, January 2024), Illinois (Supreme Court policy, December 2024), Michigan (FAQs, November 2024), Arizona (best practices, November 2024) and Georgia (toolkit, updated February 2026).

The themes every state agrees on

Reading the guidance together, the same expectations appear again and again:

• Competence includes understanding AI’s limits. Know how your tools work and where they fail.
• Verify everything you rely on. Especially citations. No state permits filing unverified authority.
• Protect confidentiality. Understand vendor terms; avoid tools that may expose client information; get consent where needed.
• Supervise people and vendors. Firms need policies and training.
• Bill fairly. Do not bill for time not worked or for learning general tools.
• Watch for bias. Several opinions, and Colorado’s new comment, flag discrimination risks.

Don’t forget the judges

Individual judges continue to issue standing orders that require certification of AI use, disclosure, or human verification of citations. These can be stricter than any state rule. Before every filing, check the standing orders and part rules for the specific judge.

How to stay current

1. Bookmark our State Bar AI Guidance Navigator and Legal AI Briefing.
2. Subscribe to your bar’s ethics updates.
3. Assign someone in your firm to track court AI orders in the courts where you appear.
4. Review your AI use policy every six months.

Frequently asked questions

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This article is general educational information, not legal advice. Rules differ by jurisdiction and change often; check the primary sources and your own professional rules before relying on it.