---
title: "Separate a generative-tool overhead cost from time and from a per-use expense"
url: "https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/separate-ai-licence-fees-and-prompting-time-before-a-bill-is-drawn/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A43-JU20261022-9-US"
practice_area: "Client-facing & access-to-justice AI tools"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Separate a generative-tool overhead cost from time and from a per-use expense

> From the time entries and the tool invoices, separate a licence or a tool built into ordinary software from time spent on one client's matter and from a charge the provider bills per use. Do not draw the bill.

Canonical page: https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/separate-ai-licence-fees-and-prompting-time-before-a-bill-is-drawn/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 time entries and the tool invoices, separate a licence or a tool built into ordinary software from time spent on one client's matter and from a charge the provider bills per use. Do not draw the bill. |
| What the lawyer must review | Model Rule 1.5(a) forbids an unreasonable fee or an unreasonable amount for expenses. Formal Opinion 512 says a tool that functions like maintaining the practice is overhead and is not charged to the client unless the client was told in advance. A per-use charge by an outside provider for work on one client may be billed as the actual out-of-pocket expense. Hourly bills are for time actually spent, including review of the output. The lawyer decides which amount may be billed. |
| Written for | United States |
| Applies to | [Separate AI licence fees and prompting time before a bill is drawn](https://ailawframework.com/obligations/client-facing-and-access-to-justice-ai-tools/separate-ai-licence-fees-and-prompting-time-before-a-bill-is-drawn.md) |

## Checking plan

- What the AI does: From the time entries and the tool invoices, separate a licence or a tool built into ordinary software from time spent on one client's matter and from a charge the provider bills per use. Do not draw the bill.
- 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.
- The opinion says a lawyer may not charge a client to learn a generative tool the lawyer will use regularly. A different agreement is needed if the client asks for a tool the lawyer does not yet know.

## 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.*