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AI Rules by State · Virginia

AI Rules for Virginia Law Firms

Last verified July 8, 2026

Virginia has no comprehensive AI statute on the books, but that does not mean your firm operates without rules. A binding ethics opinion already controls how you bill for AI-assisted work, and a free model policy from the state bar gives you a template for everything else. This page separates what is actually in force from what got vetoed and what to watch for in 2027.

Where Virginia Stands

The General Assembly passed HB 2094, the High-Risk Artificial Intelligence Developer and Deployer Act, in February 2025, but it was vetoed on March 24, 2025. Most AI bills considered in 2026 were tabled to 2027, so Virginia has no comprehensive AI statute in force today. Firms should expect renewed legislation and more client questions about AI governance once the 2027 session picks the issue back up.

What Your Firm Must Do

Legal Ethics Opinion 1901, Reasonable Fees and the Use of Generative Artificial Intelligence, is currently effective and controls your billing. If your firm bills hourly, you may only charge for actual time spent, even when AI shortens the work, and your total fee must still be reasonable under Rule 1.5. You need client consent before passing through AI tool costs as an expense, and the opinion gives no safe harbor for unverified AI output.

A Template to Work From

The Virginia Bar Association's Committee on Small-Firm and Solo Practice published a free Model AI Policy for Law Firms in May 2024, covering tool approval, training, confidentiality, output validation, supervision, and billing. A firm of 5 to 25 lawyers can adapt it directly as an internal AI policy rather than building one from scratch.

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