---
title: "Legal department generative AI policy (United States)"
url: "https://ailawframework.com/precedents/in-house-general-counsel/us-legal-department-generative-ai-policy"
type: "precedent"
site: "AI Law Framework"
id: "a40-us-legal-department-generative-ai-policy"
area_id: "A40"
kind: "policy"
ai_level: "yellow"
version: 1
task_ids: ["A40-B7-2", "A40-T1-R12", "A40-B8-2"]
law_stated_as_at: "2026-10-22"
---

# Legal department generative AI policy (United States)

> A short policy for lawyers and staff in a company legal department covering approved tools, what may be input, review of output, and instructions to outside counsel.

Canonical page: https://ailawframework.com/precedents/in-house-general-counsel/us-legal-department-generative-ai-policy  
Law stated as at: 2026-10-22

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

## Key facts

- Kind: Policy. A policy or procedure for a firm or client.
- Practice area: [In-House / General Counsel](https://ailawframework.com/precedents/in-house-general-counsel.md)
- Jurisdictions: United States
- AI level: Yellow. You and the tool draft together, with you directing. You check every statement you rely on.
- Law stated as at: 2026-10-22
- Status: Maintained. Checked on 2026-10-22 against the 7 authorities it cites, for United States.

## When to use it

Use for the legal department of a company. It is not a workforce-wide employment policy and it is not a law firm's policy. Pair it with the vendor questionnaire before a tool is approved.

## Used for these tasks

- [Draft the company's internal GenAI acceptable-use policy](https://ailawframework.com/practice/in-house-general-counsel/draft-the-company-s-internal-genai-acceptable-use-policy.md)
- [Draft the organisation's AI-use policy and review an AI-vendor contract](https://ailawframework.com/practice/in-house-general-counsel/draft-the-organisation-s-ai-use-policy-and-review-an-ai-vendor-contract.md)
- [Build a legal-team GenAI playbook](https://ailawframework.com/practice/in-house-general-counsel/build-a-legal-team-genai-playbook.md)

## How AI may be used

A tool may adapt the register from tools the general counsel has already named. It may not add a tool or approve input of privileged or confidential material.

**AI may:**

- Build the register table from the general counsel's list of named tools
- List legal-department users who have not confirmed they have read the policy

**AI must not:**

- Must not add a tool or change what may be input
- Must not state that using a tool preserves privilege
- Must not publish the policy to the whole company as if it bound non-legal staff

**The lawyer checks:**

- The general counsel, or the lawyer with managerial authority, adopts it
- Each tool on the register has a completed vendor questionnaire and a written decision
- Outside counsel are pointed to the separate guidelines
- The policy does not purport to decide employment or privacy duties for the rest of the company

## Authorities

- [ABA Standing Committee on Ethics and Professional Responsibility, Formal Opinion 512, Generative Artificial Intelligence Tools (July 29, 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf)
- [ABA Model Rules of Professional Conduct, Rule 5.1 (Responsibilities of Partners, Managers and Supervisory Lawyers)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_1_responsibilities_of_a_partner_or_supervisory_lawyer/)
- [ABA Model Rules of Professional Conduct, Rule 5.3 (Responsibilities Regarding Nonlawyer Assistants)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_5_3_responsibilities_regarding_nonlawyer_assistant/)
- [ABA Model Rules of Professional Conduct, Rule 1.6 (Confidentiality of Information)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_6_confidentiality_of_information/)
- [ABA Model Rules of Professional Conduct, Rule 1.4 (Communications)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/)
- [ABA Model Rules of Professional Conduct, Rule 1.1 (Competence)](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_1_competence/)
- [State Bar of California, Standing Committee on Professional Responsibility and Conduct, Practical Guidance for the Use of Generative Artificial Intelligence in the Practice of Law (2026 revision, replacing the November 2023 guidance)](https://www.calbar.ca.gov/Portals/0/documents/ethics/Generative-AI-Practical-Guidance.pdf)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/in-house-general-counsel/us-legal-department-generative-ai-policy and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

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