The short answer
Generally, yes. Nothing in the ABA Model Rules bans a law firm from using AI to answer calls and run intake. But the firm is responsible for it the same way it's responsible for a receptionist, which means supervising it, protecting what callers share, and making sure it never gives legal advice. State rules vary, so check your own bar's guidance.
This isn't legal advice for your firm. It's a plain-language walk through the duties that come up when a firm puts AI on the phones.
Why lawyers worry about this
The fear is reasonable. A caller says something sensitive to a machine. The machine says something it shouldn't. Now it's your license, not the software company's. The good news is the rules you already follow cover most of it. You just have to apply them to a new kind of assistant.
The Model Rules that apply
Competence (Rule 1.1). Comment 8 says lawyers should keep up with the benefits and risks of relevant technology. For AI intake, that means understanding what the tool does, what it says to callers, where the data goes and what can go wrong. You don't have to be an engineer. You do have to know enough to make a sound decision.
Supervising nonlawyer assistance (Rule 5.3). This rule covers people and services that help the firm. Lawyers with managerial or supervisory authority have to make reasonable efforts to ensure that help is compatible with their professional obligations. The ABA's Formal Opinion 506 on nonlawyer intake staff is a useful model here. It says intake can be delegated, but the lawyer must provide policies, training and supervision about what can be answered and what goes to a lawyer. Apply the same thinking to an AI agent. Define its questions, define what it won't say, and review how it's performing.
Confidentiality (Rules 1.6 and 1.18). Callers share private facts on intake calls, and duties to prospective clients apply even if they never hire you. Before you adopt a tool, ask the vendor how call data is stored, who can access it, and whether it's used to train models for anyone else.
Communication (Rule 1.4). Clients need enough information to make decisions about their representation. For intake, that mostly means the caller should understand what happened on the call and what comes next, and that a lawyer will review their matter.
Unauthorized practice (Rule 5.5) and legal advice. This is the biggest line. An intake agent gathers facts and books consultations. It shouldn't tell a caller whether they have a case, what to do, or how things will turn out. If it does, you've got a nonlawyer giving legal advice under your firm's name.
Not misleading callers (Rule 7.1). Communications about your services can't be false or misleading. Some state guidance suggests a chatbot that doesn't identify itself as AI could mislead people. Whether and how to disclose is a judgment call for your firm and your jurisdiction, but leaning toward clear disclosure is the safer instinct.
What ABA Formal Opinion 512 adds
In July 2024, the ABA issued Formal Opinion 512, its first formal ethics opinion on lawyers using generative AI. It doesn't create new rules. It explains how existing ones apply, including competence, confidentiality, communication, supervision and reasonable fees.
A few points that matter for intake:
- Lawyers should understand the capabilities and limits of the specific tool they use.
- Confidentiality risk depends on how the tool handles data, so lawyers need to evaluate that before inputting client information.
- Managerial lawyers should set clear policies and training on permitted AI use, and supervision duties extend to third-party providers.
State bars don't all say the same thing
Your state's rules and ethics opinions control, and they're still developing. Some states have issued their own AI guidance. For example, the Oregon State Bar's Formal Opinion 2026-208 addresses chatbots and AI agents directly. It allows them with safeguards, recommends clear disclaimers, warns against the chatbot giving legal advice, and recommends a lawyer review the interactions. Other states may weigh things differently. Check your bar's current guidance before you launch, and recheck it every so often.
A practical checklist before you turn it on
- Read your state bar's current AI guidance.
- Ask the vendor how call data is stored, secured and used.
- Approve the intake questions and the script yourself.
- Write a list of things the agent must never say, including outcomes, eligibility and advice.
- Decide how and when the agent tells callers they're speaking with AI.
- Set escalation rules for urgent or distressed callers, with a person on the other end.
- Review a sample of calls or intake notes regularly, especially early on.
- Make sure a lawyer, not the AI, decides whether to take the matter.
For more on where people need to step in, see when callers need a person and hybrid AI and human intake.
Where IntakeGenius fits
IntakeGenius was built by a practicing attorney, and it's designed to do intake, not law. The AI voice agent answers calls, asks the questions your firm approves, and books the consult. Your attorneys give the advice. The agent always answers honestly if a caller asks whether it's an AI, and if your firm wants callers told up front, we can add a line like "I'm the firm's AI intake assistant" to the greeting. We set it up with you, which gives you a natural point to review the script against your own bar's rules. If you want to see it before deciding, ask for a 15-minute demo. No slides.
Common questions
Does using AI for intake create an attorney-client relationship? Intake calls usually involve prospective clients, and duties of confidentiality to prospective clients can apply even if no relationship forms. Whether a relationship forms depends on the facts and your state's rules, so talk to your own ethics counsel or bar.
Do I have to tell callers they're talking to AI? The Model Rules don't spell it out for every case, and state guidance varies. Some guidance suggests not disclosing could be misleading. Check your state bar's view, and when in doubt, disclose.
Can an AI intake agent tell callers whether they have a case? It shouldn't. That's legal advice. The agent should gather facts and book a consult so a lawyer can answer that question.
Is ABA Formal Opinion 512 binding? ABA opinions aren't binding on their own. State rules and state bar opinions govern your conduct, though many states look to ABA guidance. Check what your state has adopted.