NCSB Journal Summer 2026

being diligent. Efficiency is not diligence if accuracy suffers. Rule 1.6 Confidentiality of Information. “A lawyer shall not reveal information acquired during the professional relationship with a client unless the client gives informed consent.” AI can perform amazing tasks, such as summarizing medical records and providing a timeline, analyzing an expert’s report or deposition, drafting pleadings and discovery materials, and even providing mock jury results (without a mock jury). The problem is that many AI models store the information you upload, making it accessible to others who use the AI. The approved legal databases should provide you with an “infor mation silo,” which means that your client’s information is protected and segregated from others accessing the database. Rule 2.1 Advisor. “In representing a client, a lawyer shall exercise independent, professional judgment and render candid advice. In rendering advice, a lawyer may refer not only to law, but also to other con siderations such as moral, economic, social, and political factors that may be relevant to

the client’s situation.” This Rule takes on new meaning with the proliferation of AI. Independent, professional advice does not mean “AI said it, so it must be true.” Rule 3.1 Meritorious Claims and Contentions. “A lawyer shall not bring or defend a proceeding, or assert or controvert an issue therein, unless there is a basis in law and fact for doing so that is not frivolous, which includes a good faith argument for an extension, modification, or reversal of exist ing law...” More than once have I submitted a query to AI whose response, upon verifica tion, was false. The lawyer cannot accept AI summaries or legal conclusions without undergoing independent scrutiny. Otherwise, the attorney runs the risk of advancing non-meritorious claims—even unintentionally. Rule 3.3 Candor Toward the Tribunal. “(a) A lawyer shall not knowingly: (1) make a false statement of material fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer...” Courts rely on attorneys to verify their authorities. Judges

and revisions to this opinion are inevitable. And, while AI will most likely prompt changes to our Rules of Professional Conduct, our existing ethical rules already warn against AI’s misuse. 5 Rule 1.1 Competence. “A lawyer shall not handle a legal matter that the lawyer knows or should know he or she is not com petent to handle without associating with a lawyer who is competent to handle the mat ter. Competent representation requires the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the rep resentation.” AI can create a false sense of competence, encouraging lawyers to take on matters beyond their experience because the tool appears to “know” the law. Apparent fluency does not equal actual understanding. Rule 1.3 Diligence. “A lawyer shall act with reasonable diligence and promptness in representing a client.” AI may encourage speed over independent judgment. It may encourage a cursory review of the legal issue rather than a deep analysis. The tendency would be for the lawyer to become “lazy,” and when it occurs, the attorney is not

SUMMER 2026

10