Bench & Bar May/June 2026

ETHICAL AI PRACTICE CHECKLIST FOR KENTUCKY LAWYERS (SCR 3.130 & KBA ETHICS OPINION E-457)

6. CANDOR TO COURTS AND THIRD PARTIES Relevant Rules: SCR 3.130(3.3) ☐ Verify all legal authorities and factual statements generated by AI. ☐ Confirm that citations are real, accurate, and current. ☐ Never submit AI-generated content without inde pendent review. ☐ Correct errors promptly if AI-related inaccuracies are discovered. ☐ Monitor court rules or standing orders regarding AI disclosure. 7. UNAUTHORIZED PRACTICE OF LAW SAFEGUARDS Relevant Rules: SCR 3.130(5.5) ☐ Ensure AI tools do not provide unsupervised legal advice to clients. ☐ Maintain lawyer oversight over all advice affecting legal rights. ☐ Do not permit clients to rely directly on AI outputs as legal counsel. ☐ Avoid marketing AI as a replacement for attorney judgment.

APPENDIX:

1. COMPETENCE AND TECHNOLOGY AWARENESS Relevant Rules: SCR 3.130(1.1); Comment 6

☐ Identify all AI tools used in your practice (research, drafting, review, analytics). ☐ Understand how each tool functions at a basic level (inputs, outputs, limitations). ☐ Stay current on AI developments relevant to your practice area. ☐ Independently verify all AI-generated legal analysis, citations, and factual assertions. ☐ Do not rely on AI output as a substitute for legal judgment. ☐ Ensure AI use enhances—not replaces—thoroughness and preparation. 2. CONFIDENTIALITY AND DATA PROTECTION Relevant Rules: SCR 3.130(1.6)(a), (c) ☐ Review AI vendor privacy policies and data-retention practices. ☐ Confirm whether submitted data is stored, reused, or used to train models. ☐ Avoid entering confidential or privileged client information into unsecured or public AI tools. ☐ Use AI platforms designed for legal professionals where possible. ☐ Implement reasonable safeguards (encryption, access controls, vendor agreements). ☐ Obtain client consent if AI use creates non-routine confidentiality risks. 3. CLIENT COMMUNICATION AND DISCLOSURE Relevant Rules: SCR 3.130(1.4) ☐ Determine whether AI use materially affects representation or strategy. ☐ Disclose AI use when necessary for informed client decision-making. ☐ Explain AI-related risks and limitations when relevant. ☐ Avoid misrepresenting how legal work is performed. ☐ Ensure engagement letters address technology use where appropriate. 4. FEES, BILLING, AND COST TRANSPARENCY Relevant Rules: SCR 3.130(1.5); SCR 3.130(8.4)(c) ☐ Review billing practices for AI-assisted tasks. ☐ Do not bill for time saved by AI as attorney time. ☐ Do not charge clients for AI training or competence maintenance. ☐ Clearly disclose and obtain consent for AI-related expenses passed through to clients. ☐ Ensure all fees remain reasonable in light of increased efficiency. ☐ Avoid deceptive or misleading billing descriptions. 5. SUPERVISION AND QUALITY CONTROL Relevant Rules: SCR 3.130(5.1); SCR 3.130(5.3) ☐ Treat AI as a tool requiring supervision, not an autonomous decision-maker. ☐ Establish internal review procedures for AI-generated work product. ☐ Ensure attorneys, not AI, make final legal determinations. ☐ Train staff on appropriate and ethical AI use. ☐ Maintain accountability for all work submitted to clients or tribunals.

15 bench & bar AI tools, when used ethically and responsibly, can greatly enhance efficiency. In the spirit of continuing to encourage the use of AI, please know that AI assisted in the creation of this article and checklist. It was used as an assistive tool subject to human, professional oversight. 10. PROFESSIONAL JUDGMENT REMINDER ☐ Remember: AI is an assistive technology—not a lawyer. ☐ The lawyer remains ethically and professionally responsible at all times. ☐ When in doubt, apply traditional ethical principles and seek guidance. 8. BIAS, FAIRNESS, AND PROFESSIONAL INTEGRITY Relevant Rules: SCR 3.130(8.4)(d) ☐ Evaluate whether AI tools may embed or amplify bias. ☐ Monitor outputs for discriminatory or unfair impacts. ☐ Avoid reliance on AI systems that undermine fairness or justice. ☐ Use AI in ways consistent with the lawyer’s duty to the legal system. 9. DOCUMENTATION AND RISK MANAGEMENT ☐ Document decisions regarding AI tool selection and use. ☐ Retain records of vendor terms and data-security representations. ☐ Update firm policies as AI tools evolve. ☐ Incorporate AI considerations into malpractice risk reviews. ☐ Periodically audit AI use for ethical compliance.