Short answer: Pennsylvania's Joint Formal Opinion 2024-200 says 'a lawyer must not input any confidential information of a client into AI that lacks adequate confidentiality and security protections,' and warns that models can use information from one representation to inform another.
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None of these opinions addresses licensing records to an AI training buyer directly. They address lawyers putting client information into generative AI tools. Their reasoning about tools that store inputs or train on them is the closest published guidance, so we summarize what each says and what it implies.
What the opinion says
The joint opinion of the Pennsylvania and Philadelphia bar associations says large language models 'may run afoul of Rules 1.7 and 1.9 by using the information developed from one representation to inform another. Therefore, a lawyer must not input any confidential information of a client into AI that lacks adequate confidentiality and security protections' (PA Joint Formal Op. 2024-200).
What's different in Pennsylvania
It frames AI risk as a conflict-of-interest problem (Rules 1.7 and 1.9), not only a confidentiality one: a model trained on one client's matter could inform work for another.
What it implies for licensing
Training a buyer's model on client files is the cross-matter use the opinion warns about. Keep client information out.
Program rules still apply
Mode lists minimum team sizes of 10+ employees for legal, 15+ for accounting, medical and finance, and 50+ for all other businesses, for companies based in the US, Canada, the UK or Australia with several years of records they own (Mode). micro1 asks for 30+ employees, mostly English data, and says it is prioritizing US companies (micro1).
This is general information, not legal advice. Talk to your own attorney or compliance advisor before you share or license any records.
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Frequently asked questions
Does Pennsylvania have a rule specifically about selling firm data to AI?
Not that we found. The published guidance addresses lawyers' use of AI tools; we apply its reasoning.
Is client consent the answer?
Consent can permit disclosure, but it must be informed. Ethics counsel should decide whether consent is practical for your clients.
What about ABA guidance?
ABA Formal Opinion 512 (July 2024) covers lawyers' use of generative AI tools under the Model Rules.
Sources
- Pennsylvania and Philadelphia Bar Associations, Joint Formal Opinion 2024-200pa.gov
- ABA Formal Opinion 512 on generative AI tools (July 2024)americanbar.org
- ABA Model Rule 1.6, Confidentiality of Informationamericanbar.org
- Mode / BizBuyData referral pagebizbuydata.com
- micro1 company referral pagemicro1.ai
Referral-fee disclosure: we may be paid by a program if your company signs with it after using this site. General information only, not legal advice.
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