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Lawyer Faces Potential Negligence Claim for Failing to Use AI in Legal Work

Published
Score
22

Why it matters

A University of Houston law professor has raised a novel ethics question: could a lawyer face negligence liability for failing to use artificial intelligence in their practice? Renee Knake Jefferson posed this counterintuitive argument in a Legal Ethics Roundup published on Above the Law, marking a sharp pivot from the current judicial consensus. Courts across the country are actively sanctioning lawyers for AI misuse—a California judge imposed $31,000 in sanctions for an error-filled AI-generated brief, while a Georgia Supreme Court overturned a lower court order riddled with AI hallucinations. A federal judge in the Western District of North Carolina now requires attorneys to certify they did not use AI in briefs. Yet Jefferson's framing suggests the profession may soon face pressure in the opposite direction: treating AI adoption as a standard of reasonable diligence rather than a liability risk.

The specific case or scenario underlying Jefferson's negligence-for-non-use argument remains undisclosed. What is clear is the accelerating pace of judicial intervention. Since January, a U.S. appeals court warned self-represented litigants about AI errors, a state appeals court mandated disclosure when AI causes document errors, and multiple jurisdictions have issued sanctions or bans on unverified AI output.

Attorneys should monitor this emerging tension closely. The legal profession is at an inflection point where "reasonable diligence" may soon require demonstrating competent AI use rather than avoiding it altogether. As courts simultaneously punish AI hallucinations and signal that AI adoption may become a professional standard, practitioners face a narrowing window to develop protocols for responsible AI integration. The question is no longer whether AI belongs in legal practice, but how to use it without exposing clients—or oneself—to liability.

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