Bench & Bar July/August 2025

AI OP-ED

A CAUTIONARY TALE FOR KENTUCKY ATTORNEYS BY REPRESENTATIVE JASON NEMES, REPRESENTATIVE JOHN BLANTON AND FORMER SENATOR WHITNEY WESTERFIELD

Authors’ Note: The foregoing column was drafted with the assistance of ChatGPT, an AI language model developed by OpenAI. The authors have carefully reviewed the content for accuracy and tone prior to publication.

I n recent weeks, we found ourselves unex pectedly sharing some attention to our roles in the Kentucky General Assem bly, but not for a legislative victory or policy initiative we proudly championed. Instead, our names appeared prominently in a court pleading opposing summary judgment—a document filed by an attorney who used artificial intelligence to draft it. According to the filing, Representative John Blanton sponsored a specific bill, Representative Jason Nemes co-sponsored it, and former Senator Whitney Westerfield passionately argued for it on the floor of the Kentucky Senate. The problem? The bill never existed. Rep resentative Blanton never introduced such legislation. Representative Nemes never signed on as a co-sponsor. And Senator Westerfield couldn’t have possibly spoken about it because the Senate wasn’t even in session on the alleged day of the quoted speech. This alarming and surreal scenario under scores significant risks that attorneys, courts, and litigants face as artificial intel ligence makes deeper inroads into legal practice. At first glance, AI-powered tools seem like the perfect assistants—capable of drafting complex legal arguments quickly, citing statutes and cases with apparent ease. Yet, as our peculiar experience clearly demonstrates, these sophisticated sys tems can produce entirely convincing, yet entirely fictitious, narratives. The repercussions extend beyond mere embarrassment or procedural hiccups. Attorneys have a professional and ethical duty of candor to the courts, grounded in accuracy and truthfulness. When AI-gen erated falsehoods are mistakenly presented as facts, it undermines public confidence in our judicial system, wastes valuable judicial resources, and jeopardizes client outcomes.

This particular incident is not isolated. Courts across the country have already sanctioned law yers and law firms for similar

clearly the limitations of the technol ogy they adopt. Our bizarre and entirely fictional partici pation in a nonexistent legislative process serves as a cautionary tale. As enticing as technology’s promises may be, the pursuit of accuracy, integrity, and professional ism must always take precedence. Justice demands nothing less. ABOUT THE AUTHORS REPRESENTATIVE JASON NEMES is an attorney from Louisville who represents Jef ferson, Oldham, and Shelby Counties in the Kentucky House of Representatives. REPRESENTATIVE JOHN BLANTON from Salyersville has served in the Kentucky House of Representatives since 2017. He is chair of the House Session Standing Committee on Transpor tation and is a member of the Natural Resources & Energy, the Judiciary and the Veterans, Military Affairs, & Public Protec tion House Session Standing Committees.

blunders, highlighting a growing concern that technological convenience might out weigh professional responsibility. Trust is the cornerstone of our legal system, and any tool—no matter how advanced—must be employed with caution and skepticism, not blind reliance. As current and former lawmakers, we understand the pressure to adapt and embrace innovations that promise effi ciency and enhanced capabilities. AI undoubtedly has substantial potential, including streamlining repetitive tasks, facilitating legal research, and improving administrative functions. However, the stakes in litigation are too high for any shortcut or technological advancement to supersede meticulous, ethical lawyering. Lawyers bear ultimate responsibility for the accuracy and integrity of their filings. While technological assistance can be invaluable, the human element must never be side lined. Attorneys must rigorously verify facts, citations, and authorities before sub mitting any pleading to the court, no matter how compelling the AI-generated output might appear. To preserve the integrity of our judicial system, we call on attorneys, judges, and bar associations, to proactively consider guidelines for the responsible use of artifi cial intelligence in legal practice. Like any other tool, used correctly and responsibly, it can add to one’s practice and benefit your client’s objectives. Used unwisely, without caution and care, like any other tool AI systems can bring catastrophe. Lawyers should approach AI tools critically, verify its output independently, and understand

WHITNEY WESTERFIELD serves as the director of Legal and Governmental Affairs for LifeSkills, Inc. Senator West erfield represented the 3rd Kentucky Senate District from 2013 through 2024, and served as

11 bench & bar chair of the Senate Judiciary Committee for all three terms in office. Senator Wester field also served as a member of the Senate Standing Committees on Agriculture, Fam ilies and Children, Natural Resources and Energy, the Veterans, Military Affairs, and Public Protection Committee, and the Juve nile Justice Oversight Council.