---
title: "Tell the client the basis of the fee before charging for a generative tool"
url: "https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-a-costs-disclosure-where-a-tool-will-do-part-of-the-work/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A43-JU20261022-8-US"
practice_area: "Client-facing & access-to-justice AI tools"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Tell the client the basis of the fee before charging for a generative tool

> From the draft engagement terms, list whether they state the scope, the basis or rate of the fee, the expenses the client will bear, and any change because a generative tool will do part of the work.…

Canonical page: https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-a-costs-disclosure-where-a-tool-will-do-part-of-the-work/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Client-facing & access-to-justice AI tools](https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the draft engagement terms, list whether they state the scope, the basis or rate of the fee, the expenses the client will bear, and any change because a generative tool will do part of the work. Do not insert a dollar amount. |
| What the lawyer must review | Model Rule 1.5(b) requires the scope and the basis or rate of the fee and expenses to be communicated to the client, preferably in writing, before or within a reasonable time after the representation starts, and requires any change in that basis or rate to be communicated. Formal Opinion 512 says the lawyer must explain the basis for a charge for a generative tool or service, preferably in writing, before charging the client. The lawyer settles the disclosure. |
| Written for | United States |
| Applies to | [Check a costs disclosure where a tool will do part of the work](https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/check-a-costs-disclosure-where-a-tool-will-do-part-of-the-work.md) |

## Checking plan

- What the AI does: From the draft engagement terms, list whether they state the scope, the basis or rate of the fee, the expenses the client will bear, and any change because a generative tool will do part of the work. Do not insert a dollar amount.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- The text opened is the ABA Model Rule. The rule adopted in the lawyer's jurisdiction controls where it differs.
- Rule 1.5(b) excepts a regularly represented client who is charged on the same basis or rate. A change in that basis or rate must still be communicated.

## Sources

- [ABA Model Rule 1.5, Fees](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_5_fees/) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*