At every level, courts across the Nation are laying down the hammer on legal practitioners’ misuse of artificial intelligence (“AI”). As of June 2025, 156 cases noted attorneys citing fake cases[1] pointing to the use of AI and imposing sanctions as high as $24,000.[2] Many jurisdictions require parties to disclose their use of AI to the court preemptively, before any professional liability issues even arise.[3] Some courts go as far as to characterize the misuse of AI as an “ethical pitfall”[4] with “many harms.”[5] However, what is hardly discussed is how the nonuse of AI may be inconsistent with legal practitioners’ ethical duties.
For example, ABA Model Rule of Professional Conduct 1.1 requires a lawyer’s representation to be competent. Competent representation requires “legal knowledge, skill, thoroughness and preparation reasonably necessary for the representation.” Comment 8 to Model Rule 1.1 asserts, “[t]o maintain the requisite knowledge and skill, a lawyer should keep abreast of changes in the law and its practice…” (Emphasis added). Due to AI’s pervasiveness, accessibility, and improvements to a legal practitioners’ accuracy, speed, knowledge, and legal arguments; a blanketed refusal to utilize it in practice arguably stands in opposition to the requirements of Rule 1.1 because it requires lawyers to stay informed as to changes in legal practice to maintain the skills and knowledge required to conduct competent representation. This implies that if such changes enhance legal skills and knowledge, lawyers should adopt them to maintain competent representation.
In essence, while the misuse of AI raises ethical concerns, a blanketed refusal to use it may also conflict with ethical obligations. Thus, legal practitioners should utilize AI to the extent it aligns with their ethical duties under the ABA Model Rules of Professional Conduct: avoiding mis-use AND blanketed non-use.
[1] https://natlawreview.com/article/lawyers-continue-get-hot-water-citing-ai-hallucinated-cases#:~:text=We%20have%20previously%20outlined%20several,by%20AI%20in%20court%20documents?
[2] https://www.reuters.com/legal/litigation/lawyers-accused-ai-misuse-fifa-case-fined-24400-2025-09-24/?utm_source=chatgpt.com.
[3] https://www.justia.com/trials-litigation/ai-and-attorney-ethics-rules-50-state-survey/.
[4] In re Richburg, 671 B.R. 918, 924 (Bankr. D.S.C. 2025).
[5] Mata v. Avianca, Inc., 678 F. Supp. 3d 443, 448 (S.D.N.Y. 2023).
