○ No Formal AI Ethics Opinion

Vermont has not issued any AI-specific ethics guidance for lawyers. The Vermont Bar Association has no formal opinion, advisory report, or task force addressing generative AI in legal practice. Vermont attorneys operate under general ethics rules with no AI-specific interpretation.

This silence creates risk. As neighboring states and federal courts adopt AI disclosure and competence requirements, Vermont lawyers working across jurisdictions face compliance obligations their own bar hasn't addressed. The absence of guidance is not permission — existing Rules of Professional Conduct still apply to AI use.


What the Bar Says

Nothing AI-specific. The Vermont Bar Association has not published an opinion, guidance document, or task force report on generative AI. Vermont's Rules of Professional Conduct mirror the ABA Model Rules, meaning Rule 1.1 (Competence), Rule 1.6 (Confidentiality), and Rule 5.3 (Supervision) all apply to AI use by implication. The ABA's Formal Opinion 512 (2024) on AI provides persuasive authority that Vermont lawyers can reference, though it is not binding. Attorneys should treat AI tools as they would any technology under the duty of competence.

Billing Implications

No AI billing guidance exists from the Vermont Bar. Rule 1.5 (Reasonable Fees) provides the baseline. The same principles that apply to billing for legal research databases apply to AI: the fee must be reasonable in relation to the work performed. Billing 10 hours for a task AI completed in 30 minutes would violate reasonableness under any interpretation. Firms should document AI use in billing records and be prepared to justify fees if challenged. Looking at states with formal guidance like Florida and New York provides a practical roadmap.

Confidentiality Rules

Vermont's Rule 1.6 requires reasonable efforts to prevent unauthorized disclosure of client information. Without AI-specific guidance, attorneys must apply this general standard to AI tool selection and use. This means: evaluate whether the AI vendor's terms of service allow data use for training, understand data retention policies, and avoid consumer-grade AI tools for client work. The duty exists whether the bar has spelled it out for AI or not. Enterprise tools with data processing agreements are the minimum standard.

What's Still Unclear

Everything AI-specific is unclear in Vermont. There is no guidance on whether AI disclosure is expected in court filings, how to bill for AI-assisted work, whether client consent is needed for AI use, or what level of AI competence satisfies Rule 1.1. Vermont lawyers practicing in federal courts within the state should check individual judge standing orders, as several federal districts nationwide have adopted AI disclosure requirements independently. The lack of state guidance does not shield attorneys from discipline if AI use leads to ethics violations.

The Bottom Line: Vermont has zero AI-specific ethics guidance — lawyers must apply general ethics rules and look to ABA Opinion 512 and peer states for practical direction.

AI-Assisted Research. This piece was researched and written with AI assistance, reviewed and edited by Manu Ayala. For deeper takes and the perspective behind the research, follow me on LinkedIn or email me directly.