Document Type
Article
Publication Title
Belmont Law Review
Abstract
The recent explosion of artificial intelligence and generative AI undeniably impacts our federal and state courts. Currently, ABA Model Rule 1.1 and its Comment include a broad requirement of technological competence for an ethical practice. This Article will identify the technical competence obligations embodied in Model Rule 1.1 and examine the implications of AI for technological competence standards. After reviewing the timeline of cases that invoke AI hallucinations and other issues and current scholarly literature, this Article will propose a more specific ethical standard for baseline knowledge of various AI technologies according to current practice and use of ever-expanding technologies by today’s lawyers. The legal technology landscape constantly changes and attorneys must follow the new professional norms of technological competence for their ethical practice. This Article will also survey federal and state standing orders and court rules for generative AI, artificial intelligence, and technological innovations that lawyers need for competent practice in an evolving era of AI. Our courts may need to grapple with AI evidence, AI topical issues (for IP cases and other areas of law), generative AI legal research, and AI harms in ways that our current court rules and Federal and State rules of evidence and civil or criminal procedure never envisioned. This age of the impact of generative AI also requires certain regulation and, at the very least, guardrails to protect the most vulnerable in our courts and to aid lawyers for ethical practice. Overall, this goal may be achieved by more specific rules or guidelines, CLE requirements, and state ethical mandates or guidance that will create clarity for digital lawyering and AI boundaries for the ethical practice of law for a burgeoning AI age. More robust technological guidelines, revised court rules and guidance for practice in an age of AI, and areas of AI ethical competence will prepare attorneys to practice law effectively and efficiently in the current age of generative AI and the metaverse.
First Page
29
Last Page
54
Publication Date
2025
Recommended Citation
Heidi L. Frostestad, Technologically Competent Reprised: Ethical Practice in an AI Age and Considerations for Our Courts in a Burgeoning AI Era, 23 Belmont. L. Rev. 29 (2025).
Department
College of Law
Suggested Citation
Heidi L. Frostestad, Technologically Competent Reprised: Ethical Practice in an AI Age and Considerations for Our Courts in a Burgeoning AI Era, 23 Belmont. L. Rev. 29 (2025).
