Yes, lawyers can use ChatGPT to draft client emails, as long as an attorney reviews every draft and owns what it says. That’s the position of the American Bar Association’s Formal Opinion 512 on generative AI. A tool can hand you the first draft. The advice, the negotiating position and the decision to send stay with the lawyer. Good email drafting for law firms looks much the same with or without AI. Here’s what it comes down to.
- The firm’s voice fits on one page. Greeting, length, contractions, how you state a risk, how you write a date, and your sign-off. Write it down once and every draft has something to match, whoever or whatever wrote it.
- A client email answers before it explains. The first line says what the client needs to know. The reasoning, the caveats and the next step come after.
- Opposing counsel’s email is written for a judge. Keep it short, dated and factual. Forward it to your client separately rather than copying them.
- AI drafting is safe where the facts come from the thread and an attorney reads the result. It’s least safe where the email states law, quotes a case or commits the client.
- Review gets faster when drafts arrive in your voice. You spend the time checking facts, not rewriting tone.
Email drafting for law firms, in one message
Most client emails do one of five jobs. They acknowledge, update, advise, ask, or deliver bad news. Each has the same shape, so a reader can find the part they need without reading twice.
| Part | What it does | Example |
|---|---|---|
| The answer | Says the thing the client opened the email to learn | “The landlord has agreed to the June 30 move-out date.” |
| The position | States where that leaves them, and how firm it is | “That means the lease ends cleanly, with no further rent owed.” |
| The reason | Gives the one or two facts the position rests on | “Their counsel confirmed it in writing this morning.” |
| The ask | Says what you need from them, if anything | “Please sign the release I’ve attached.” |
| The date | Puts a day on the next step | “If I have it by Friday, I’ll file it Monday.” |
Two habits make this work. The subject line names the matter and the news, such as “Ortiz lease: move-out date agreed.” And one email carries one decision. If a client has to answer two questions, number them, so a reply of “1. yes, 2. no” is enough.
If a matter needs a consistent subject line and label so the reply files cleanly, keeping matters apart has a naming scheme you can copy.
A style sheet for the firm’s voice
A firm’s voice is a small set of habits. Clients notice when they change between the partner and the paralegal, or between Monday and Friday. Writing the habits down is how a five-person firm sounds like one firm. It’s also what lets you check a draft quickly, because you know exactly what you’re checking it against.
Copy this, fill it in, and keep it where everyone drafts.
FIRM EMAIL STYLE SHEET: [Firm name]
Greeting
Clients: "Hi [first name]," (formal clients: "Dear Ms. [last name],")
Opposing counsel: "[First name]," or "Counsel,"
Courts and clerks: "Dear [title] [last name],"
Length
Routine reply: under 150 words.
Advice email: answer in the first two lines, detail below.
Register
Contractions with clients: yes. With opposing counsel: sparingly.
No Latin where English works ("for example," not "e.g." in client mail).
No legal terms without a plain gloss the first time.
Stating a position
"Our view is..." for advice. "We expect..." for forecasts.
Never "guarantee," "certainly will," or "no risk."
Give a range, not a single number, for outcomes and fees.
Dates and times
Month first: "June 30, 2026." Times with zone: "2:00 p.m. Eastern."
Every next step has a date.
Privilege marker
Line one of the body, on legal advice to the client only:
"PRIVILEGED & CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION"
Sign-off
Clients: "Best, [first name]" Counsel: "Regards, [full name]"
Signature block: name, title, firm, direct line. One line of disclaimer.
Never by email
Bad news about the outcome of a case (call first, then confirm by email).
Anything you'd regret seeing as an exhibit.Keep it to a page. A style sheet that runs to five pages describes the writer you’d like to be. A one-page sheet describes what the firm already does, which is the version people follow.
Framing the legal position in an email
The hardest emails to draft are the ones that give advice. The client wants a straight answer, and the law rarely gives one. Four moves keep these short and honest.
- State the position first. “Our view is that the non-compete won’t hold up in Texas as written.” The client reads that line even if they skip the rest.
- Say how firm it is. Use plain words and use them consistently: likely, possible, unlikely. A client who sees “likely” in every email learns what you mean by it.
- Name the facts it rests on. “That’s because it covers the whole state and runs five years.” If a fact changes, the client knows the advice might too.
- Say what you recommend and what you need. “I’d recommend not signing until we ask for a one-year term. Can you call me tomorrow?”
A few things stay out of the email. Don’t cite case law to a client unless they asked for it. Don’t predict a dollar outcome as a single number. And don’t let a thread become the place where strategy gets decided. Phil Simon’s three-email rule is a good trigger here: “After three, we talk.” If a position has gone back and forth three times, call the client and then send a short email confirming what you agreed.
When a thread has already run long and you need to know where it stands before you answer, summarizing a long matter thread separates what was proposed from what was agreed.
Writing to opposing counsel and other parties
Assume every email to the other side could become an exhibit. That changes the tone more than any template. Write short, factual sentences. Put the date, the agreement and the request in the first paragraph. Leave out adjectives about the other side’s conduct. A judge reads “Your responses were due May 14 under our stipulation” more kindly than “Your continued failure to respond.”
Two rules govern who’s on the email.
The first is that you write to the lawyer, not the represented party. ABA Model Rule 4.2 says:
In representing a client, a lawyer shall not communicate about the subject of the representation with a person the lawyer knows to be represented by another lawyer in the matter, unless the lawyer has the consent of the other lawyer or is authorized to do so by law or a court order.
In practice, that means a draft addressed to a represented party never goes out, whoever wrote it.
The second is about copying your own client. The ABA’s Formal Opinion 503, issued November 2, 2022, concludes:
In the absence of special circumstances, lawyers who copy their clients on an electronic communication sent to counsel representing another person in the matter impliedly consent to receiving counsel’s “reply all” to the communication. Thus, unless that result is intended, lawyers should not copy their clients on electronic communications to such counsel; instead, lawyers should separately forward these communications to their clients.
So the client’s address belongs on a forward, not on the Cc line. Some states see implied consent differently, and the opinion itself says local rules control. Forwarding separately is the safe habit everywhere.
If a draft goes to the wrong person, the other side’s lawyer has a duty too. Model Rule 4.4(b) says a lawyer who receives something they know or should know “was inadvertently sent shall promptly notify the sender.” That’s a backstop. The habit that matters is checking the To and Cc lines before send, every time.
Privilege markers that do their job
A privilege marker is a flag for readers. It tells a recipient the email holds legal advice. It also helps whoever reviews the mailbox later, at production, to spot what needs a closer look. Whether privilege actually applies depends on the communication and who received it. That question, and the duty behind it, is covered in using an AI inbox without breaking confidentiality.
As a drafting habit, markers work best when they’re rare and accurate.
- Put the marker on the first line of the body, where it shows in a preview. “PRIVILEGED & CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION” is the common form.
- Use it on legal advice to the client and on requests for advice from the client. Leave it off scheduling, invoices and mail to the other side.
- Keep the subject line neutral. “Ortiz lease: our advice on the release” is fine. A subject line that summarizes the advice travels further than the body does.
- Tell the client not to forward advice emails to anyone outside their company or family. Put that sentence in your engagement email once, rather than in every footer.
- Start a new thread when a third party joins. Don’t add them to a thread that already holds advice.
A marker on every email in the firm reads as boilerplate. Readers learn to skip it, including the ones you most want to notice it.
Templates you can copy
These cover the client and counterparty emails most firms send every week. Chasers for quiet clients and opposing counsel are in email follow-up for law firms. Booking a consultation is in meeting scheduling from email.
Acknowledging a client’s question
Subject: [Matter]: got your question about [topic]
Hi [first name],
Thanks for this. I'm looking into [the question in their words] and
will have an answer for you by [day, date]. If anything changes before
then, I'll let you know.
Best,
[Name]A status update on a matter
Subject: [Matter]: update, [Month day]
Hi [first name],
The short version: [one-line news].
What happened: [one or two sentences].
What's next: [next step] on [date].
What I need from you: [nothing for now / item, by date].
Best,
[Name]Advice on a decision
Subject: [Matter]: our advice on [decision]
PRIVILEGED & CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION
Hi [first name],
Our view is that you should [recommendation].
Why: [the one or two facts it rests on].
How firm this is: [likely / possible / unlikely], because [reason].
The other option: [alternative], which would mean [consequence].
The decision is yours. Can you let me know by [date], or call me if
it's easier to talk it through?
Best,
[Name]Delivering a delay or bad news
Call first, then send this the same day.
Subject: [Matter]: following up on our call
Hi [first name],
As we discussed, [what happened, in one sentence].
What it means for you: [effect on timing or cost].
What we're doing: [next step], by [date].
I know this isn't the news you wanted. I'm here if you have questions.
Best,
[Name]Relaying an offer from the other side
Subject: [Matter]: offer received from [party]
PRIVILEGED & CONFIDENTIAL: ATTORNEY-CLIENT COMMUNICATION
Hi [first name],
[Party] has offered [terms, plainly]. The offer is open until [date].
My view: [recommendation and why, in two sentences].
Whether to accept is your call. Let's talk before [date]. Does
[day] at [time] work?
Best,
[Name]Stating your client’s position to opposing counsel
Subject: [Case name / matter]: [topic]
[First name],
I write about [topic]. Under [agreement / order / rule] dated [date],
[what was agreed or required].
Our client's position is [position, in one sentence].
We ask that [specific request] by [date]. If you'd like to discuss,
I'm available [two times].
Regards,
[Full name]Declining a matter
Subject: Your inquiry about [topic]
Dear [name],
Thank you for contacting [firm]. After reviewing your inquiry, we're
unable to take on this matter, and we have not agreed to represent you.
Deadlines may apply to your situation, so please contact another
lawyer promptly. [Optional: the state bar's lawyer referral service
is at (link).]
Regards,
[Full name]Drafting with ChatGPT, Copilot or an assistant that reads the thread
The three kinds of tool draft from different material, so they go wrong in different ways.
| General chatbot (ChatGPT and similar) | Copilot in Outlook | Assistant that reads your mail | |
|---|---|---|---|
| What it drafts from | Whatever you paste into it | The open email and your Microsoft 365 data | The thread, your sent mail and what you’ve taught it |
| How it gets your voice | Instructions you type each time | Written draft instructions saved in settings | Your sent mail, plus rules you add |
| Where the draft lands | In the chat, to copy across | In the Outlook compose window | Under the email, ready to edit |
| Typical failure | Facts it filled in itself | Generic tone, missed context from other threads | Carries a mistake from earlier in the thread |
| Best for | Rewording a paragraph you wrote | Short replies inside Outlook | Routine replies across many matters |
Microsoft’s documentation describes two drafting features in Outlook: Draft with Copilot, which writes from a prompt, and Coaching by Copilot, which comments on a message you’ve written. Both need a Microsoft 365 license with Copilot.
What every tool shares is the review step. Opinion 512 says it plainly:
For example, lawyers may not leave it to GAI tools alone to offer legal advice to clients, negotiate clients’ claims, or perform other functions that require a lawyer’s personal judgment or participation.
The same passage calls a generated draft a “springboard or foundation” for the lawyer’s own work.
The opinion also says the right amount of review “will necessarily depend on the GAI tool and the specific task that it performs.” That gives you a sensible way to sort the work.
Light review. Acknowledgments, scheduling, document requests, and status updates built from facts already in the thread. Check names, dates and recipients.
Line-by-line review. Advice emails, anything stating your client’s position to the other side, anything relaying an offer, and anything with a dollar figure. Check every fact against the file and every commitment against what the client approved.
Write it yourself. Emails that cite law to a court or to opposing counsel, a first response to a threat, and anything delivering bad news about a case. In Mata v. Avianca, a federal court sanctioned lawyers who filed fake citations created by ChatGPT. The court still wrote that “there is nothing inherently improper about using a reliable artificial intelligence tool for assistance.” The trouble was that nobody checked.
Before a drafted email goes out, read it against this list.
- Recipients. Is anyone on To or Cc represented by counsel? Is your client copied on mail to the other side?
- Facts. Is every date, amount and name in the draft also in the file or the thread?
- Commitments. Does the draft promise a date, a result or a fee the client hasn’t agreed to?
- Position. Does it say anything about the law you wouldn’t sign your name to?
- Marker. Is the privilege marker on advice, and off everything else?
- Voice. Would the client notice a change from your last email?
What you paste into a tool, and whether the client has to agree first, is a confidentiality question. Using an AI inbox without breaking confidentiality covers it. For billing, Opinion 512 says lawyers who bill hourly “must bill for their actual time.” That includes the time spent reviewing the draft.
A Wednesday’s replies, worked through
Dana runs a four-lawyer employment firm. By 10:00 on a Wednesday, eleven emails need replies. Seven arrive with drafts already written in her voice. Here’s what four of them needed.
A client asks if her deposition is still on for the 14th. The draft confirms the date, time and address from the notice in the thread. Dana checks the date against the calendar. It matches, so she sends it unchanged. Twenty seconds.
A client asks whether he can post about his former employer on LinkedIn. The draft says “probably fine as long as you’re truthful.” That’s advice, and it’s softer than Dana’s view. She rewrites the first line: “Please don’t post anything about the company until we’ve talked.” Then she keeps the draft’s offer of two call times.
Opposing counsel proposes moving a mediation. The draft accepts the new date. Dana’s client hasn’t approved it yet. She changes the reply to “I’ll confirm with my client and come back to you by Friday,” and forwards the original to the client separately.
A prospective client describes a wrongful termination from 2023. The draft offers a consultation. Dana adds one sentence asking when the termination happened. A date like that may matter, and she wants it before the call.
Four drafts, three edited. None of the edits were about tone. They were about facts, a commitment and a position. That’s where a reviewer’s time should go.
If the dates in Dana’s mail need to reach the docket, email reminders for law firms covers that path. Deciding which of the eleven to answer first is in email triage for law firms.
How Point drafts replies in your voice
Point is an email client that sits on the Gmail or Microsoft 365 account you already use. When a client’s email lands, Point reads the thread and has a reply drafted before you open it. The draft sits under the email. A gray mark shows Point wrote it.
The draft starts from your own sent mail, so it opens, runs and signs off the way you do. When something’s off, you say so in plain words. “I always confirm a deposition with the full address.” Point keeps that as a sentence in a list you can read, edit or remove. Your firm’s style sheet is a good source for those sentences. More on how that works is in getting AI replies that sound like you wrote them.
You change one line and the gray mark goes. The words are yours now. You decide when it goes. It’s sent from your own address and threads under the client’s message like any reply you wrote.
How much Point does on its own is a setting per kind of action, from suggest-only through review to fully handled. Drafting starts at review, so the draft waits for you. Many firms leave client replies there for good. Setting how much your inbox does on its own explains the levels.
Point doesn’t give legal advice or check citations. It drafts from what’s in your mail, so the review list above still applies. The rest of what Point handles is on the benefits page.
Common questions
Can ChatGPT be used for email drafting?
Yes. ABA Formal Opinion 512 treats a generative AI draft as a starting point a lawyer can build on. The lawyer has to review it and stays fully responsible for what it says. ChatGPT works best for rewording text you wrote. It’s weakest on facts, because it only knows what you paste in. What you paste is a confidentiality question for your firm to settle first.
What is the 3 email rule?
It’s a habit popularized by author Phil Simon: after three emails back and forth on the same point, stop writing and talk. For lawyers it’s a useful trigger. When a position or a negotiation has gone three rounds, call, then send a short email confirming what was agreed.
What email do most law firms use?
Most firms run Microsoft 365 with Outlook. The ABA’s 2024 Cloud Computing TechReport found Microsoft 365 the most-used cloud tool among respondents, at almost 72%. Google Workspace with Gmail is common in smaller and newer firms. Choosing software is covered elsewhere on this site.
What is the 80/20 rule for lawyers?
It’s the Pareto idea applied to a practice: a small share of the work produces most of the value. For email, roughly a fifth of messages need a lawyer’s judgment, and the rest are routine. Templates and drafted replies handle the routine part, so attorney time goes to the advice, positions and commitments that need it.
Should every law firm email say “privileged and confidential”?
No. Use the marker on legal advice and requests for advice between you and your client. Leave it off scheduling, billing and mail to the other side. A marker on everything reads as boilerplate, and readers stop seeing it.
Does a law firm need to tell clients it drafts email with AI?
Opinion 512 says it depends on the facts of each case. You must tell a client if they ask, or if their engagement terms or outside counsel guidelines require it. Many firms mention it in the engagement letter. Whether you need the client’s consent before using a tool turns on what the tool does with client information, which is covered in using an AI inbox without breaking confidentiality.
Should I copy my client on emails to opposing counsel?
The ABA advises against it. Under Formal Opinion 503, copying your client can imply consent to opposing counsel replying to everyone, including your client. Forward the email to your client separately, or tell opposing counsel in advance that you don’t consent to reply-all. Check your own state’s view, since some differ.