Pennsylvania Bar Association Ethics Opinions
Free plain-English summaries of legal ethics opinions issued by the Pennsylvania Bar Association, with full citations and source links on every page.
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Can a Pennsylvania lawyer use generative AI like ChatGPT in their practice?
Yes, with safeguards. The joint opinion concludes lawyers may use AI if they understand its risks, verify all output and citations, protect client confidentiality, supervise it like nonlawyer staff, a…
Can a Pennsylvania lawyer interview an opposing party's former employee who signed a confidentiality agreement?
Yes. The opinion concludes a lawyer may interview an adverse party's former employee for factual information and has no duty to ask whether a confidentiality agreement exists, but on learning of one m…
Does a Pennsylvania lawyer need a signed confidentiality agreement from every vendor who can see client data?
No. The opinion concludes a lawyer need not get a signed agreement from every vendor, but must make reasonable efforts under Rule 5.3 to ensure the vendor has adequate procedures to safeguard confiden…
Can a Pennsylvania lawyer keep client information on a smartphone with apps installed?
Yes, with precautions. The opinion concludes a lawyer may use a smartphone but may not let an app share Rule 1.6 information unless the lawyer concludes no human will view it and it will not be sold o…
Does a Pennsylvania lawyer have to encrypt email to clients?
Not always, but more than before. The opinion concludes lawyers may still use email but must evaluate its security risks, that some highly sensitive information should not be sent by email without pre…
What are a Pennsylvania lawyer's ethical duties when working from home or another remote location?
The opinion concludes that lawyers working remotely have the same confidentiality and competence duties as in the office, and must take reasonable precautions, technological and physical, to protect c…
Can a Pennsylvania lawyer copy or blind-copy a client on emails to opposing counsel, and can opposing counsel reply to all?
The opinion concludes that copying or blind-copying a client on email to opposing counsel risks disclosing confidential information and a client reply-all, so lawyers should limit it, flag it, and spe…
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Legal ethics opinions from the Pennsylvania Bar Association interpret the rules of professional conduct for working lawyers, in response to inquiries from members and committees. They are not binding like court discipline decisions, but courts and discipline boards treat formal opinions as substantial guidance on how the rules apply. Every opinion above has a plain-English question and short answer, plus a link to the original source on the bar's site.