California Senate Advances Bill Regulating AI Use by Attorneys

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Sacramento, California – California lawmakers have approved legislation that would impose new obligations on attorneys who use generative artificial intelligence in their legal work, prompting debate over free speech, advocacy, and constitutional limits. The proposal, which passed the state Senate 39–0, would add a section to the Business and Professions Code requiring lawyers to take reasonable steps to remove “biased, offensive, or harmful content” from AI-generated materials used in the practice of law.

Under the bill, attorneys would also be required to ensure that their use of generative AI does not unlawfully discriminate against or disparately impact individuals or communities based on a wide range of protected characteristics, including race, religion, sex, political affiliation, and socioeconomic status. Supporters argue the measure is necessary to prevent the misuse of AI tools in legal settings, while critics warn the language is vague and could chill legitimate legal advocacy.

Legal scholars have raised concerns that effective representation often involves arguments or public statements that some audiences may view as offensive or harmful, yet remain lawful and ethically required to serve a client’s interests. Unlike past proposals governing attorney speech, the California bill does not explicitly exempt advocacy consistent with professional conduct rules, raising questions about viewpoint-based restrictions.

The legislation builds on existing California judicial standards governing judges’ use of AI but extends similar requirements to all practicing attorneys. Opponents argue that regulating lawyers’ AI-assisted speech, particularly in public-facing advocacy, could violate First Amendment protections. The measure now moves forward in the legislative process as lawmakers and legal groups continue to debate its scope and implications.