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An agentic AI model can search and organize legal information, review contracts and document sets, identify issues, and draft text by chaining multiple software steps toward a defined task. It does not replace the lawyer who sets the scope, checks the underlying record and authorities, protects client information, makes legal judgments, and approves anything sent to a client, court, regulator, or opposing party. The American Bar Association’s Formal Opinion 512, issued July 29, 2024, discusses generative AI broadly; it is not a technical test of agentic systems or an endorsement of autonomous legal decision-making.
What “agentic AI” means in a legal workflow
An agentic workflow is a sequence in which software takes a stated objective, breaks it into subtasks, uses tools or documents, and passes intermediate results from one step to the next. A legal workflow might ask a system to collect authorities from an approved library, extract clauses from a contract set, compare those clauses with a playbook, flag exceptions, and prepare a review memo. The system may perform several operations without a person prompting every individual step.
That description concerns how work is organized, not a legal status. Formal Opinion 512 addresses generative artificial intelligence (GAI), which the American Bar Association describes as technology that creates new content such as text, images, audio, video, or software code in response to prompts and questions. The opinion identifies legal research, contract review, due diligence, document review, regulatory compliance, drafting, technology-assisted review in e-discovery, and contract analytics as possible uses. It does not define “agentic AI,” evaluate a particular product, or say that a system may exercise independent legal judgment.
For a lawyer, the practical distinction is important: an agent may automate more steps and operate for longer before returning an answer, but the professional duties attached to the work remain. The lawyer must understand the tool’s capabilities and limitations, choose an appropriate level of supervision, protect confidential information, test the result, and take responsibility for the work product.
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Where an agent can assist
Finding and organizing information
An agent can classify a large document collection, locate passages matching a set of issues, summarize a group of filings, or prepare a research outline. It can also suggest authorities or citations for a lawyer to investigate. Generated summaries are leads, not evidence. A citation that looks plausible may be incomplete, out of date, or attached to a proposition the source does not support. The lawyer should open the underlying opinion, statute, regulation, contract, or record and confirm the relevant language.
Reviewing contracts and matter documents
For contract review, an agent can extract dates, parties, defined terms, renewal provisions, indemnities, limitations of liability, governing-law clauses, or change-of-control triggers. It can compare provisions with a supplied playbook and group documents by issue. In a transaction, it can organize due-diligence findings and identify missing schedules or inconsistent terms.
Extraction is not interpretation. A clause may depend on a definition elsewhere in the agreement, an exhibit, a side letter, or a fact that the system cannot see. The reviewing lawyer must compare the extracted result with the complete document and determine whether the flagged issue matters to the client’s objectives.
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Handling document review and e-discovery
Technology-assisted review can help prioritize or categorize large sets of documents. An agent can apply a supplied issue list, propose relevance labels, or identify duplicates and near-duplicates. A defensible process still requires a clear review protocol, quality checks, and a lawyer or supervised review team that understands what the labels mean. The system’s confidence score, if one is available, does not itself establish responsiveness, privilege, or admissibility.
Drafting and revising text
GAI can produce first drafts of letters, contracts, briefs, internal memoranda, discovery requests, or compliance communications. An agent could assemble a draft from approved clauses and matter facts, then run a formatting or consistency check. The result is work product to examine, not legal authority. Before delivery or filing, a responsible lawyer must verify facts, authorities, definitions, citations, requested relief, and every qualification that affects meaning.
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Regulatory and compliance work
An agent can map policies to a supplied rule set, identify provisions that may require updating, or prepare a list of questions for a compliance review. Regulations and guidance change, and a system may not have the current text or the jurisdictional context. The lawyer must establish which sources and effective dates govern the assignment and confirm that the output addresses the client’s actual operations.
How a supervised agentic workflow is organized
The following map shows a useful division of labor. It is an operational framework, not a ranking of systems or a claim that the ABA has approved autonomous execution.
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| Workflow stage | What the agent may do | Required lawyer control |
|---|---|---|
| Scope and intake | Turn an instruction into subtasks, identify requested documents, and create a checklist. | Define the legal question, jurisdiction, deadline, permitted sources, risk tolerance, and deliverable. Remove unnecessary client information. |
| Retrieval and organization | Search an approved corpus, classify files, extract passages, and build an issue index. | Confirm that the corpus is complete and appropriate; check that privileged, personal, or restricted material is handled correctly. |
| Analysis | Compare clauses, group facts, identify apparent conflicts, and generate questions or possible issues. | Test the reasoning against the underlying record and applicable law. Decide which issues are legally material. |
| Drafting | Assemble a memo, letter, clause set, or summary using supplied facts and templates. | Verify every factual and legal proposition, preserve qualifications, and adapt the draft to the client and forum. |
| Quality checks | Run consistency checks, detect missing fields, compare versions, or flag unsupported statements. | Review false positives and false negatives; determine whether the checks are sufficient for the matter. |
| External action | Prepare a filing package, client email, negotiation points, or a task for another system. | Approve the final content and transmission. The lawyer, not the model, makes the legal judgment and assumes responsibility. |
A practical end-to-end example: contract due diligence
- Set the assignment. Specify the transaction, governing jurisdictions, document population, review period, playbook version, and questions the client needs answered. Identify who will make the final call on escalation.
- Prepare the source set. Load the complete agreements, amendments, exhibits, side letters, and relevant correspondence into an approved environment. Record missing or unreadable items rather than allowing the system to infer their contents.
- Run bounded extraction. Ask the agent to identify defined terms, termination rights, consent requirements, exclusivity, indemnities, liability caps, data obligations, and change-of-control language. Require a passage reference for each result.
- Compare with the playbook. Have the system classify each provision as matching, outside the preferred position, or requiring factual clarification. Keep the playbook and its version with the output.
- Check the record. A lawyer or supervised reviewer opens every cited passage, checks cross-references and amendments, and confirms that the classification reflects the entire agreement.
- Resolve legal and business significance. Decide whether an exception affects price, closing conditions, consent timing, remedies, or post-closing obligations. Ask the client for facts the documents cannot establish.
- Draft the report. Use the verified findings to prepare a concise issue list, risk explanation, and recommended next step. Keep uncertain items clearly labeled and explain what would resolve them.
- Approve delivery. The responsible lawyer reviews the final report, confirms confidentiality controls, and decides whether and how it is communicated to the client or other transaction participants.
Where human review still matters
Understanding capability and limitation
Competent use requires a reasonable understanding of what the selected tool can and cannot do. That includes its retrieval method, supported file types, treatment of context, citation behavior, retention and deletion settings, access controls, and known failure modes. Understanding is not a one-time certification: the ABA notes that tools are changing quickly, so lawyers need to refresh their knowledge as capabilities and terms change.
Checking accuracy and completeness
Review must be tied to the assignment. Verify authorities against primary legal sources. Compare extracted facts with the underlying record. Check whether a draft omits an exception, changes a defined term, narrows a qualification, or presents an assumption as a fact. Look for what the system failed to mention, not only for obvious errors. A polished answer can still be incomplete.
Making legal judgments
The model can surface alternatives, but it cannot decide what outcome serves the client, whether a claim is meritorious, or what advice is appropriate in a particular jurisdiction and factual setting. Those decisions require professional judgment, context, and accountability. An agent should not be treated as the person responsible for strategy, advice, negotiation positions, or a filing.
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Protecting confidentiality
Before entering matter information, determine how the service handles prompts, uploaded files, outputs, logging, retention, access, and reuse. Use the minimum information needed for the task and apply the firm’s approved security controls. Consider whether client consultation is required in the circumstances. Confidentiality analysis depends on the applicable professional rules and the specific tool configuration; a generic statement that a service is “secure” is not enough.
Communicating with the client
Model Rule 1.4, as described in the ABA’s official summary, requires reasonable consultation with a client about the means used to accomplish the client’s objectives. Whether a particular AI use calls for consultation or disclosure depends on the circumstances, the client’s instructions, the materiality of the use, and applicable jurisdictional rules. The rule does not create a blanket requirement to announce every use of AI to every client.
Supervising people and systems
If an agent chains subtasks or hands work to another service, the lawyer must set boundaries and monitor the process. Define what the system may access, which actions require approval, what evidence it must return, and when it must stop and ask a human. Supervision should cover the complete chain, including any subcontracted or integrated service, rather than only the final screen shown to the lawyer.
Maintaining candor and meritorious work
A lawyer remains responsible for the accuracy of representations to a tribunal and for advancing claims and positions with a proper basis. An automatically generated citation, quotation, procedural statement, or factual assertion must be checked before it appears in a filing or oral argument. If the system cannot support a proposition from a reliable source, remove it or investigate it; do not let fluent wording conceal the gap.
Keeping fees reasonable
Automation does not by itself justify charging for time that was not spent or passing through an unreviewed output as professional work. Billing practices should reflect the actual services performed, the value delivered, engagement terms, and applicable rules. Documenting the workflow can help explain what was done and what human review was required.
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A review protocol a law office can use
The following sequence turns the broad duties in Formal Opinion 512 into repeatable controls. Adapt it to the matter, firm policy, and jurisdiction.
- Classify the task. Mark it as information retrieval, document review, analysis, drafting, or an external action. The more consequential the output, the stronger the approval gate should be.
- Set source and jurisdiction limits. Name the permitted databases, document versions, effective dates, and jurisdictions. Do not let an agent silently substitute a general web result for an authoritative source.
- Minimize and protect data. Remove irrelevant personal or confidential details, confirm access permissions, and record the service’s retention and deletion settings under firm policy.
- Require traceability. Ask for page, paragraph, clause, docket, or other source references so a reviewer can reproduce the result. Treat unsupported assertions as unverified.
- Define stop conditions. Stop for missing documents, conflicting instructions, low-confidence extraction, privilege questions, a possible filing, a client-facing communication, or any request for an irreversible action.
- Perform substantive review. Read the source passages, test calculations and cross-references, inspect omissions, and compare the result with the assignment and client objectives.
- Approve the external product. A named lawyer approves anything filed, sent, relied on in negotiations, or used as legal advice. Preserve the approved version and material review notes.
- Reassess the tool. Revisit settings, vendor terms, model behavior, and local guidance when the system changes or the matter moves into a higher-risk stage.
How to judge whether a workflow is suitable
There is no ABA comparison chart of competing agentic systems. When evaluating a workflow, use practical criteria rather than assuming that more autonomy is better.
| Criterion | Questions to ask | Why it affects the decision |
|---|---|---|
| Task scope and complexity | Is the task a bounded extraction or a multi-issue legal recommendation? | Broad, ambiguous assignments need more human direction and review. |
| Source traceability | Can each statement be tied to the exact document or authority used? | Traceable outputs are easier to verify and defend than unsupported summaries. |
| Confidentiality and data handling | Who can access inputs and outputs, how long are they retained, and are they reused? | Data practices determine whether the workflow is compatible with professional confidentiality duties. |
| Human approval | Which steps require a lawyer to inspect, edit, or authorize the result? | Explicit gates prevent an automated chain from turning an unverified suggestion into external work. |
| Jurisdictional fit | Which court, regulator, client terms, and local ethics rules apply? | National guidance does not answer every state, court, or matter-specific question. |
Common failure modes and recovery steps
The agent invents or misstates an authority
Return to the primary source, confirm the quotation and proposition, and remove any citation that cannot be verified. Restrict future retrieval to approved authoritative collections and require source references in the output.
The summary misses a qualification
Read the complete clause, opinion, or record rather than the highlighted excerpt. Ask for exceptions, definitions, conditions, and cross-references explicitly, then have a reviewer compare the revised summary with the source.
The document population is incomplete
Stop the analysis, create a missing-items list, and identify which conclusions may change when the remaining files arrive. Do not let the system fill the gap with assumptions.
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Confidential information enters an unsuitable service
Follow the firm’s incident process, determine what was transmitted and who could access it, preserve relevant logs, and seek appropriate legal or security advice. Reassess the service’s settings and approval status before using it again.
An automated chain takes an unintended action
Use approval gates for sending messages, changing records, filing documents, or committing to a transaction. Disable the action, preserve the state of the workflow, review the resulting record, and notify the responsible lawyer so the matter can be corrected.
The draft sounds certain when the evidence is not
Separate verified facts, assumptions, open questions, and legal conclusions. Rewrite unsupported certainty, identify what remains to be checked, and postpone external delivery until the uncertainty is resolved or clearly explained.
What Formal Opinion 512 establishes—and what it does not
Formal Opinion 512 was issued by the ABA Standing Committee on Ethics and Professional Responsibility on July 29, 2024, applying the ABA Model Rules of Professional Conduct as amended through August 2023. It identifies several ways GAI may support legal work and discusses duties including competence, confidentiality, communication, supervision, candor to the tribunal, meritorious claims, and reasonable fees.
The opinion is professional-ethics guidance, not a technical evaluation, accuracy benchmark, product certification, or agentic-AI-specific standard. It does not establish an adoption rate, accuracy percentage, time saving, or other performance statistic. The ABA notes that technology is evolving and anticipates further guidance. A lawyer working in a particular state, court, or regulated practice must check current local rules, opinions, orders, client requirements, and the tool’s own data terms.
The committee’s official summary captures the governing principle: “With the ever-evolving use of technology by lawyers and courts, lawyers must be vigilant in complying with the Rules of Professional Conduct to ensure that lawyers are adhering to their ethical responsibilities and that clients are protected.” That principle applies whether software performs one assistive step or chains many steps as an agent.
Bottom line for practitioners
Use an agentic model to accelerate bounded, traceable work such as searching, organizing, extracting, comparing, and drafting. Keep the assignment, source set, data handling, stop conditions, and approval gates under human control. Verify authorities and facts against the underlying materials, examine omissions and changed meaning, consult the client when the circumstances and rules call for it, and ensure a responsible lawyer—not the model—makes legal judgments and owns the final work.
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