In May 2026, Reuters ran an intriguing article on naivete, ignorance, and artificial enabling (AE) (copyright, 2026). The gist is that courts are being inundated with filings, and the blame falls on artificial intelligence (AI) and on the misconceptions or ignorance of some users.
The story recounts some trend of people struggling to find a lawyer. With a billboard on every post, that seems curious. Nonetheless, a lady said that she "called 20 lawyers" and could not find any "willing to sue her former landlord on a contingency basis." Unfortunately, we hear that refrain from time to time in workers' compensation proceedings.
The protagonist, therefore, filed suit using ChatGPT and Grok. She used them to formulate her complaint, "spot errors and weaknesses," and yet experienced "occasional hiccups." The punch line of the story is that this user "didn’t know AI could be wrong." She says her realization that they are not perfect "was like telling me Santa Claus was not real.”
No, Virginia, you have been misled. They were never perfect. They will never be perfect. Neither will you.
I noted this naivete in a recent post about the latest Florida Supreme Court effort to address errant, misleading, and false statements from AI. See A Positive Step? (June 2026).
This reminded me of a recent report from Kentucky. Kentucky jumped into AI in 2024 with an Ethics Opinion E-457 for attorneys. This is said to "provide essential guidance on ethical AI use for Commonwealth practitioners." There is stress on the small practitioners who lack "dedicated ethics resources." This is a must-read for all lawyers everywhere. It is basic, informative, and helpful.
The opinion focuses on "existing ethical duties" and applies them to the new world of AI (to the extent delegation to a device is somehow different from delegation to a clerk, paralegal, or other lawyer). But, there are key components discussed:
- Competence (SCR 3.130(1.1))
- Client Disclosure (SCR 3.130(1.4))
- Fee Considerations: (SCR 3.130(1.5))
- Confidentiality (SCR 3.130(1.6))
- Accuracy Verification (SCR 3.130(3.3))
- Firm Management-AI policies and procedures (SCR 3.130(5.1))
That is quite a list. This opinion is comprehensive, convenient, and informative. And it is available on the internet with a simple search or click here. The cost? Free. All you have to do is invest the time to click and read.
In May 2026, the Kentucky Bar Association launched a new initiative that supplements the ethics opinion. The new Attorney AI Library is intended to provide guidance and education. To supplement further, the Kentucky Bar Annual Convention this month will include an AI Boot Camp for "updates and practical guidance in several sessions."
The AI Library has sections for "beginner user" and "advanced." Available topics include:
- Ethics and Professional Responsibility
- AI Procurement and Vendor Selection
- Liability and Risk Management
- Data Privacy and Security
- AI Policy and Governance
- Communicating with Clients about AI
- Access to Justice
- CLE Programs and other Resources
Each of these includes subcategories. Many provide references to the Kentucky Rules of Professional Conduct. While those rules do not apply to lawyers in other jurisdictions, remember that many of the states were highly influenced by the American Bar Association (a voluntary trade organization), and therefore, there are many similarities in such rules from state to state. The Kentucky references may therefore be of assistance to any lawyer with questions or concerns.
The Kentucky approach is enabling, facilitating, and proactive. It provides significant information, answers questions, and suggests further study and consideration. Similar efforts are inevitable as the AI tools expand and people like Virginia seek guidance and information about effectively, ethically, and appropriately engaging these tools.
It is imperative, however, that everyone remember that AI is not infallible, perfect, or human. It is a tool. See "A Fool with a Tool" (January 2024). No, Virginia, it cannot provide you judgment or wisdom. Yes, it can help you brainstorm, interpret, and even draft. Nonetheless, all the decisions, strategies, and citations to authority must be your own.
