Missouri ethics counsel sets out the rules a firm must weigh before using AI deposition software that listens in real time
Missouri's Office of Legal Ethics Counsel adopted Informal Opinion 2026-09 on August 3, 2026, answering a firm's question about AI deposition software with a real-time listening feature. It declined to endorse any product and said the rules do not specifically require telling the client, court, opposing counsel or deponent, but lawyers must obey court rules and orders, respect third parties' legal rights and not misrepresent the software's use.
Opinion (Missouri Office of Legal Ethics Counsel) →
Key points
- The opinion lists competence, fees, confidentiality, communication, supervision and professional independence rules as ones a firm's AI use policy should address.Missouri Office of Legal Ethics Counsel
- Rule 4-1.5 requires telling the client about any charge for the software, and under Rule 4-1.4 the lawyer should discuss its use.Missouri Office of Legal Ethics Counsel
- Whether a deposition notice amounts to a deponent's consent to AI analysis is substantive privacy law, the office said, and outside its scope.Missouri Office of Legal Ethics Counsel
- Rule 4-4.4(a) bars evidence-gathering methods that violate a person's legal rights; Rule 4-4.1(a) bars knowingly false statements of material fact.Missouri Office of Legal Ethics Counsel
- The office pointed lawyers to its Formal Opinion 123, on recording without notification.Missouri Office of Legal Ethics Counsel
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Missouri Office of Legal Ethics Counsel
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