AI rules by state · VA
AI Rules for Lawyers in Virginia 2026
- AI disclosure required?
- No
- Governing guidance
- Legal Ethics Opinion 1901 (2025)
- Sanctions on record
- None on record
- Competence rule
- Rule 1.1
- AI / technology CLE
- No tech or AI requirement
Quick answer
Virginia does not require lawyers to disclose AI use. Its legal ethics opinion on generative AI, approved by the Supreme Court of Virginia in late 2025, addresses how AI-driven efficiency affects reasonable fees rather than disclosure. The general duties of competence and candor still require a lawyer to verify AI output before relying on it.
Ethics guidance
Virginia Legal Ethics Opinion 1901
Approved by the Supreme Court of Virginia, November 2025
Virginia's guidance is Legal Ethics Opinion 1901, 'Reasonable Fees and the Use of Generative AI,' approved by the Supreme Court of Virginia in November 2025.
The opinion is narrower than guidance in some other states. It addresses how the time savings from generative AI bear on the reasonableness of fees under the fee rule, and on how lawyers communicate fees to clients. It does not create an AI-disclosure duty. The broader duties of competence, confidentiality, and candor continue to govern a lawyer's use of AI.
Disclosure rules
Are Virginia lawyers required to disclose AI use?
Virginia has no rule requiring lawyers to disclose AI use to a court or a client. Legal Ethics Opinion 1901 addresses fees rather than disclosure, and no statewide court rule mandates AI disclosure in filings.
Counsel should review the assigned judge's standing order in each matter, since individual courts may set their own expectations.
Sanctions on record
AI hallucination sanctions in Virginia
No Virginia state-court AI-hallucination sanction is on record as of June 2026. The duty to verify AI output applies regardless, and filing fabricated citations would expose a lawyer to the same sanctions risk seen in other states.
Competence duty
The competence rule and AI (Rule 1.1)
The competence duty in Virginia is Rule of Professional Conduct 1.1. Virginia's ethics guidance on AI focuses on fees, but the competence and candor duties apply to AI work, requiring a lawyer to understand a tool's limits and verify its output before relying on it.
CLE requirements
Continuing legal education in Virginia
Virginia requires 12 CLE hours each year, including at least 2 hours of ethics. There is no AI or technology-specific CLE requirement as of June 2026, though AI programs can count toward the general requirement.
How to stay compliant
A practical checklist for Virginia lawyers
Virginia's AI opinion is about billing rather than disclosure, so the duties that matter day to day are competence and verification under the general rules.
Review the assigned judge's standing order and the court's local rules at the start of every matter. AI disclosure obligations generally sit at the court and judge level rather than in a single statewide rule.
Verify every citation and quotation before filing, and read the underlying authority. Most AI sanctions have resulted from citations the lawyer never personally verified.
Do not enter confidential client information into public AI tools without confirming how the tool handles data and, where there is material confidentiality risk, obtaining the client's informed consent.
Inform the client when AI use materially affects the matter, and honor any client instruction that limits AI use.
Bill only for time actually spent drafting prompts and reviewing output, not for time the tool saved.
Keep any required technology or AI continuing-education credit current, and treat AI competence as part of your duty under the competence rule.
When evaluating tools, look for citation grounding that ties output to verifiable authority, a vendor commitment not to train on client data, and audit trails. These reduce risk, but they do not replace the lawyer's own review.
Frequently asked
Virginia AI rules: common questions
Legal AI rules in nearby states
Practising across state lines? Compare Virginia’s rules with its neighbors.
This page is general information, not legal advice. Rules change, and the obligations that apply to your matter depend on your court, your judge, and your facts. Verify the current rules with the Virginia state bar and the assigned court before you rely on anything here. Last verified June 2026.
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