WSBA committee frames disclosure duty for material AI use and flags potential fees
Committee proposed a Rule 1.4 comment that triggers disclosure when AI materially affects representation and added limited language to RPC 1.5 to acknowledge AI-related costs; presenters said routine AI use need not be disclosed.
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Michelle Carney told the committee that the proposed comment to RPC 1.4 is not an absolute rule requiring disclosure of every AI-assisted task, but it does "trigger a duty only where use is material." She said that disclosure is implicated when AI shapes strategy, affects means of representation, or touches client data and that informed consent may be required in some cases.
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