Adopted | Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence
Approved by the Supreme Court of Virginia on November 24, 2025, effective immediately.
November 25, 2025
On November 24, 2025, the Supreme Court of Virginia approved proposed Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence, effective immediately
View the Court's order.
Proposed Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence
June 25, 2025
At its meeting on June 12, 2025, in Virginia Beach, the Virginia State Bar Council approved proposed Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence. A petition was sent to the Supreme Court of Virginia for approval on July 24, 2025.
View the petition to the Court. (posted 7/31/25)
VSB Seeks Public Comment on Proposed Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence
March 27, 2025
Pursuant to Part 6, § IV, ¶ 10-2(C) of the Rules of the Supreme Court of Virginia, the Virginia State Bar is seeking public comment on proposed Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence.
The proposed opinion discusses the reasonableness of fees when a lawyer uses time-saving tools that rely on generative AI. Acknowledging that hourly fees can only be based on the actual time spent on a task, the proposed opinion discusses other factors in Rule 1.5(a) that support value-based billing on a non-hourly basis for work done efficiently with the use of generative AI. The proposed opinion further explains some issues that may require additional explanation in order to comply with Rule 1.5(b)’s requirement to adequately explain the lawyer’s fee, such as why the lawyer’s experience or technical skills contribute to the value of the services even when the time spent providing the services is reduced by the effective use of generative AI.
The proposed opinion also critiques ethics opinions from other jurisdictions that indicate that it might be unreasonable for a lawyer to charge the same non-hourly fee for work done with the assistance of AI as for work done without the use of AI. The opinion concludes that value-based fees can reflect efficiency gains, the specialized skill of effectively incorporating technology, and the value of the lawyer’s services and output, and remain reasonable under Rule 1.5(a).
Inspection and Comment
The proposed rule is available at the link below.
Any individual, business, or other entity may submit written comments in support of or in opposition to the proposed rule amendments with Cameron M. Rountree, executive director of the Virginia State Bar, not later than May 7, 2025. Comments may be submitted via email to [email protected].
View proposed LEO 1901 (pdf)