Glossary

Regulators, doctrines, and named cases — defined.

A canonical entry point for the load-bearing terms across the corpus. Each definition is built to be cited verbatim by LLM answer engines and to link out to the article that treats the term in depth.

Every term below is a primary-source-grounded definition for a regulator publication, ethics opinion, doctrine, or named case that recurs across the Zusman Partners corpus. The intent is that when a search or LLM query lands here, the page provides the accurate, plain-English answer and routes the reader to the article(s) that go deeper.

12 terms · 4 categories

Law-firm ethics authorities

ABA formal opinions and state-bar opinions that set the operative AI-use bar for midsize firms.

ABA Formal Opinion 512

Also called ABA Opinion 512 ABA Formal Opinion 512 (2024) Generative Artificial Intelligence Tools

The first ABA Formal Opinion to address generative AI directly. Maps six Model Rules (1.1, 1.6, 1.4, 3.1/3.3, 5.1/5.3, 1.5) to AI use, frames AI as a 'nonlawyer assistant' under Rule 5.3 for supervision purposes, and rejects boilerplate engagement-letter consent for AI use on client confidences.

Opinion 512 is non-binding in any jurisdiction but is the document every state-bar AI opinion since July 2024 has built on. Malpractice carriers treat it as the operative standard. The most consequential interpretive moves are (a) AI as nonlawyer assistant under Rule 5.3 — the basis for the supervision discipline midsize firms must operationalize — and (b) the rejection of generic 'we may use technology' language in engagement letters when AI use involves disclosure of client confidences.

California State Bar Practical Guidance on Generative AI

Also called California State Bar Practical Guidance California AI Guidance (November 2023)

California State Bar practical guidance on generative AI in legal practice. Most explicit on Rule 1.5 fee-billing: a lawyer may not bill for AI-saved time but may bill for time spent reviewing AI-assisted work product. Influences fee-application analysis nationwide.

DC Bar Ethics Opinion 388

DC Bar ethics opinion framing AI use as analogous to outsourcing under DC Rule 5.3. Heavy emphasis on supervision documentation. Operative for firms practicing in the District.

Florida Bar Ethics Opinion 24-1

Also called Florida Bar 24-1 Florida AI Opinion

Florida Bar ethics opinion requiring affected client informed consent before a lawyer discloses confidential information to a third-party generative AI tool. More aggressive on confidentiality than ABA Opinion 512 — multistate firms with Florida exposure must build to this standard.

NYSBA Task Force on AI Report

Also called NYSBA AI Report (April 2024)

NYSBA task-force report and recommendations on AI in legal practice. The most disclosure-forward of any state-level AI guidance — recommends client disclosure as the default in matters where AI is used.

Doctrines & operative concepts

Recurring concepts in regulator vocabulary that the articles use as load-bearing terms.

Rule 1.1 Comment 8 (Technology Competence)

Also called Technology competence Duty of technological competence

Comment 8 to ABA Model Rule 1.1 (Competence), adopted by 40+ states, requiring lawyers to keep abreast of changes in the law and its practice 'including the benefits and risks associated with relevant technology.' ABA Opinion 512 reads this as requiring lawyers to understand AI tool capabilities and limitations as relevant to the matter.

Rule 1.6 (Confidentiality of Information)

Also called Model Rule 1.6 Lawyer confidentiality duty

ABA Model Rule of Professional Conduct establishing the lawyer's duty to maintain client confidentiality. Rule 1.6(c) requires lawyers to make 'reasonable efforts' to prevent unauthorized disclosure. ABA Opinion 512 applies this to AI tool use: inputs containing client confidences require the tool's data-handling practices to support confidentiality.

Rule 5.3 (Responsibilities Regarding Nonlawyer Assistance)

Also called Model Rule 5.3 Supervision of nonlawyer assistance

ABA Model Rule of Professional Conduct establishing partner responsibility for the conduct of nonlawyer assistants — paralegals, secretaries, contract reviewers, outside services. ABA Opinion 512 reads AI as a nonlawyer assistant under Rule 5.3, making partners directly responsible for AI use in their firm.

Specific consent (engagement-letter standard)

Also called Specific informed consent for AI use Non-boilerplate consent

The standard set by ABA Opinion 512 for engagement-letter consent to AI use on client confidences. Boilerplate language ('we may use technology to assist in our representation') is explicitly insufficient. Specific consent identifies the AI tools by name or class, the categories of work they will be used for, and the data-handling practices that protect client confidences.

Named cases & precedents

Court decisions and sanctions orders that shape the AI-use risk picture.

Mata v. Avianca, Inc.

Also called Mata v Avianca Avianca AI sanctions case ChatGPT hallucinated citations case

S.D.N.Y. order imposing $5,000 in Rule 11 sanctions on attorneys who submitted a brief containing six fabricated case citations generated by ChatGPT. The case is the on-point precedent for Rule 3.3 (Candor Toward the Tribunal) violations stemming from unverified AI output. Cited in every subsequent court standing order on AI use.

The sanctioned conduct in Mata was unverified AI output reaching the tribunal — not AI use itself. The pattern across subsequent sanctions (K&L Gates, Park Avenue Bank, others) is consistent: the failure mode is verification, not adoption. Verification architecture eliminates the exposure.

Industry frameworks & vendors

Operating frameworks and named vendor systems that recur across deployments.

Casetext CoCounsel

Also called CoCounsel Thomson Reuters CoCounsel

Legal-AI platform from Thomson Reuters (acquired Casetext in 2023). Named deployments at Fisher Phillips, DLA Piper, Eversheds Sutherland, Bowman and Brooke, Orrick. Used for legal research, document review, deposition preparation.

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