Presently.legal
Revenue Recovery Platform for Law Firms
Compliance Brief
July 2026
For Prospect & Counsel Review

AI Legal Intake —
Compliance Architecture Brief

How Presently is designed to meet TCPA, FCC, ABA, and state bar requirements for AI-assisted legal intake. Prepared for law firm management, general counsel, and compliance teams.

Executive Summary
Presently's architecture is inbound-only, consent-first, and attorney-supervised by design. The platform does not initiate calls, does not use prerecorded outbound messaging, and does not make legal judgments. Every intake is delivered to the supervising attorney before any consultation is scheduled.

1. TCPA Compliance — Federal

The Rule

The Telephone Consumer Protection Act (47 U.S.C. § 227) restricts the use of automated or artificial voice technology for outbound calls without prior express consent. The Fifth Circuit ruled February 25, 2026 (Bradford v. Sovereign Pest Control) that prior express consent — not written consent — is sufficient for artificial-voice calls.

Presently's Posture

Presently is an inbound-only system. The platform answers calls made to the law firm's designated number. It does not initiate calls, does not autodial, and does not send prerecorded outbound voice messages. The 60-second client callback is triggered only when the caller has completed an intake and acknowledged they would receive a follow-up.
✓ TCPA Risk: Low. Inbound-only architecture is structurally outside the primary TCPA outbound-call restrictions.

2. FCC Regulations — Artificial Voice

The Rule

The FCC confirmed in 2024 that AI-generated voices constitute “artificial or prerecorded” voices under the TCPA. A proposed NPRM requiring in-call AI disclosure has not been finalized as of July 2026 under the current FCC administration.

Presently's Posture

Presently's intake system identifies itself as an automated system at the start of every call. Voluntary disclosure positions the firm ahead of any pending FCC disclosure requirement — before it becomes mandatory.
✓ FCC Risk: Low. Proactive disclosure exceeds current requirements and anticipates pending NPRM direction.

3. ABA Ethics — Opinion 512 and AI Supervision

The Rule

ABA Formal Opinion 512 (July 2024) established the national baseline for attorney use of generative AI. It requires: (1) attorney competence in the AI tool used, (2) supervision of AI-generated output before reliance, (3) protection of client confidentiality, and (4) compliance with fee and candor obligations. As of March 2026, 35+ state bars have issued guidance building on Opinion 512.

Presently's Posture

Presently is designed for attorney supervision, not attorney replacement. Every intake is delivered to the supervising attorney as a structured summary — name, issue, case type, estimated value — before any consultation is scheduled. No legal advice is provided by the platform. No attorney-client relationship is formed during the intake call.
✓ ABA Opinion 512 Alignment: Supervision architecture — attorney review before action — is the correct compliance posture under Opinion 512 and all state bar guidance reviewed to date.

4. State Bar Guidance — Priority States

StateKey GuidancePresently's Position
CaliforniaMarch 2026 proposed rule amendments require attorney supervision of AI tools✓ Attorney review before every consultation — compliant
TexasNo formal AI opinion as of July 2026; general competence and supervision rules apply✓ Platform design satisfies existing supervision standards
FloridaOpinion 24-1 requires lawyer oversight of AI intake tools and client consent to AI use✓ Attorney oversight built in; intake disclosure satisfies consent requirement
IllinoisNo formal opinion; following ABA Opinion 512 baseline✓ Compliant under ABA baseline
New YorkNo formal opinion; following ABA Opinion 512 baseline✓ Compliant under ABA baseline
AlabamaJuly 2026 AI ethics guidance — attorney supervision and disclosure required✓ Compliant — proactive disclosure and attorney review both present
ColoradoColorado AI Act designates legal services as high-risk AI domain; deployer liability rules apply✓ Law firm is the deployer/operator; Presently is the vendor tool

5. Unauthorized Practice of Law

Presently conducts intake — it collects facts. It does not provide legal analysis, predict case outcomes, recommend legal strategy, or form an attorney-client relationship. Every intake ends with explicit acknowledgment that the attorney will review and follow up.
✓ UPL Risk: None identified. Intake collection without legal analysis is structurally outside UPL definitions in all reviewed jurisdictions.

6. Data Privacy and Confidentiality

Presently processes caller information solely to deliver an intake summary to the supervising attorney. Data is not sold, shared with third parties, or used for marketing. All transmissions are encrypted in transit. Intake summaries are delivered exclusively to the attorney's designated email address.

✓ Confidentiality: Intake data flows only to the supervising attorney. No third-party data sharing.

7. Summary Compliance Matrix

RequirementStatusArchitecture Feature
TCPA — inbound-only✓ CompliantPlatform answers calls; never initiates
FCC — AI disclosure✓ Ahead of requirementSystem identifies as automated at call start
ABA Opinion 512 — supervision✓ CompliantAttorney reviews every intake before action
State bar — attorney oversight✓ Compliant (all priority states)Structured summary → attorney → consultation
UPL — no legal advice✓ CompliantIntake collection only; no legal analysis
Data confidentiality✓ CompliantData flows only to supervising attorney

Questions about compliance for your firm?

Book a free 30-minute call with Maiker. We'll walk through the architecture and answer your general counsel's questions directly.

Book a Compliance Call — 30 Min, Free

Maiker Kratc, Founder · founder@presently.legal · (832) 852-0019

This brief is provided for informational purposes and does not constitute legal advice. Law firms should consult qualified legal counsel regarding their specific compliance obligations. Regulatory landscape as of July 2026.