Bench & Bar May/June 2026

FEATURE: ARTIFICIAL INTELLIGENCE

the ETHICAL IMPLICATIONS of ARTIFICIAL INTELLIGENCE in the PRACTICE of LAW BY ANGELA LOGAN EDWARDS A KENTUCKY ETHICS PERSPECTIVE

A rtificial intelligence (“AI”) has rap idly emerged as a powerful tool in the modern legal profession. For nearly two years Lawyers Mutual of Ken tucky has been traversing the state talking to lawyers about using AI and how to do so ethically and responsibly. Lawyers now routinely encounter AI-assisted research platforms, document-review software, pre dictive analytics, and generative drafting tools. These technologies promise efficiency, cost reduction, and expanded access to legal services. At the same time, they introduce ethical risks that strike at the core of profes sional responsibility: competence, diligence, communication, confidentiality, candor, supervision, and fairness.

COMPETENCE AND TECHNOLOGICAL UNDERSTANDING SCR 3.130(1.1)

In Kentucky, these concerns are governed by the Kentucky Rules of Professional Conduct , codified at SCR 3.130 , and fur ther clarified by Kentucky Bar Association Ethics Opinion E-457 , The Ethical Use of Artificial Intelligence in the Practice of Law . Together, they make clear that AI does not either create new ethical duties or alter a lawyer’s ethical obligation. Rather, AI inten sifies a lawyer’s ethical responsibilities. This article examines the ethical impli cations of AI use through the lens of the Kentucky Rules of Professional Conduct, with particular emphasis on the guidance provided in KBA E-457. Another resource for your consideration is ABA Formal Opinion 512, Generative Artificial Intelli gence Tools .

Kentucky Rule SCR 3.130(1.1) requires lawyers to provide “competent representa tion,” defined as the “legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.” While the rule itself does not reference technology, its commentary makes clear that competence evolves alongside changes in legal practice. Comment 6 to SCR 3.130(1.1) (mirroring ABA Model Rule 1.1, Comment 8) expressly states that a lawyer must keep abreast of “changes in the law and its practice, includ ing the benefits and risks associated with relevant technology.” KBA Ethics Opinion

12 may/june 2026