Texas

formal

Tex. Prof'l Ethics Comm., Op. 705 (February 2025)

Summary

Texas has formal Ethics Opinion 705 (Feb 2025), a comprehensive TRAIL task force report, and the most developed federal court AI rule framework of any state, with binding local rules in three of four federal districts. A Dallas attorney was sanctioned in October 2025 under N.D. Tex. Rule 7.2(f) for undisclosed AI use. TLIE has published multiple AI-specific risk advisories.

Applicable ABA Model Rules

Rule 1.01
Rule 1.04
Rule 1.05
Rule 3.01
Rule 3.03
Rule 3.04
Rule 5.03

Carrier Implications

TLIE (Texas Lawyers' Insurance Exchange) has published the clearest carrier signal in any state, with a dedicated Opinion 705 analysis and warnings that client-AI communications may not be privileged. Failure to verify AI outputs and protect confidentiality are explicit malpractice exposures.

This summary is informational only. Verify the primary source before relying on this entry. Bar rules differ meaningfully by state. Consult a licensed attorney in your state.

Texas Professional Ethics Committee Opinion 705 (February 2025) is the binding interpretive authority for Texas attorneys on AI. It addresses competence (Rule 1.01 + Comment 8), confidentiality (Rule 1.05), verification before use (Rules 3.01, 3.03, 3.04), supervision (Rule 5.03), and billing (Rule 1.04). Attorneys may only bill actual time on hourly arrangements; AI efficiencies must pass to the client.

Texas has the most developed federal court AI rule framework in the country: N.D. Tex. Local Civil Rule 7.2(f) requires a disclosure header on AI-prepared briefs; E.D. Tex. Loc. Civ. R. CV-11(g) (as amended by GO 25-07) extends verification obligations to all litigants; S.D. Tex. General Order 2025-04 reiterates Rule 11 responsibility; and Texas Business Court Local Rule 10(c) preserves filer responsibility regardless of AI use. In Wilson v. KIPP Texas Inc. (Oct 2025), Judge Kinkeade issued the first confirmed Texas sanctions under N.D. Tex. Rule 7.2(f). The Texas Responsible AI Governance Act (TRAIGA, effective Jan 1 2026) regulates developers and deployers but does not contain attorney-specific provisions.

Bottom line for a 5-50 attorney Texas firm: Ethics Opinion 705 is the binding authority framework. Texas federal court AI rules vary by district and are strictly enforced. Firms filing in any Texas federal court need a court-specific AI disclosure checklist. TLIE’s published guidance is the clearest carrier signal in any state.

Last verified: April 23, 2026