Kentucky attorneys integrating artificial intelligence into their practices must do so within the framework of the Kentucky Rules of Professional Conduct, adopted as part of the Kentucky Supreme Court Rules. While the Kentucky Bar Association has not yet issued comprehensive AI-specific guidance, the existing ethical framework provides clear direction for responsible AI use across the Commonwealth.
Kentucky Bar Association Overview#
Regulatory Authority#
The Kentucky Bar Association (KBA) operates under the authority of the Kentucky Supreme Court to regulate the practice of law in Kentucky. The KBA administers attorney licensing, provides ethics guidance, and supports the legal profession through various programs and services.
Contact Information:
- Address: 514 West Main Street, Frankfort, KY 40601
- Phone: (502) 564-3795
- Website: kybar.org
Ethics Resources#
The KBA provides ethics guidance through:
- Ethics Opinions: Published opinions interpreting the Kentucky Rules of Professional Conduct
- Ethics Hotline: (502) 564-3795 (Members Only) for informal guidance
- Office of Bar Counsel: Oversight of attorney conduct and discipline
- Bench & Bar Magazine: Articles on ethics and practice issues
Current AI Guidance Status#
Kentucky attorneys should monitor KBA publications and the Bench & Bar Magazine for emerging guidance on AI ethics. The KBA’s Ethics Committee regularly addresses new technologies and their implications for professional responsibility.
Core Ethical Obligations for AI Use#
SCR 3.130(1.1): Competence#
Kentucky Supreme Court Rule 3.130(1.1) requires that “a lawyer shall provide competent representation to a client,” including “the legal knowledge, skill, thoroughness, and preparation reasonably necessary for the representation.”
AI Competence Requirements:
Competent AI use under Kentucky rules requires:
- Understanding the Technology: Know how AI tools work, including their data sources, processing methods, and limitations
- Recognizing AI Limitations: Understand that generative AI can fabricate citations, cases, quotes, and legal propositions
- Verification Discipline: Independently verify all AI outputs before reliance
- Appropriate Use Assessment: Recognize when AI is and isn’t appropriate for specific tasks
Verification Protocol:
- Check all case citations in Westlaw, Lexis, or official Kentucky reporters
- Verify Kentucky-specific citations (Ky. App., S.W.3d) in official sources
- Check quoted language against original court opinions
- Shepardize or KeyCite all cited authority
- Review AI analysis for consistency with Kentucky law
- Cross-reference statutory citations with current Kentucky Revised Statutes
SCR 3.130(1.6): Confidentiality of Information#
Kentucky Rule 1.6(a) provides that “a lawyer shall not reveal information relating to the representation of a client unless the client gives informed consent.”
AI and Confidentiality Obligations:
When Kentucky attorneys use AI tools, confidentiality questions arise:
Critical Considerations:
- Data Transmission: Information entered into cloud AI is transmitted to third-party servers
- Storage Practices: AI platforms may retain inputted information
- Training Use: Some AI systems use inputs to improve their models
- Third-Party Access: Platform employees may access stored data
- Security Measures: Cloud systems present cybersecurity risks
Confidentiality Compliance Steps:
- Review Platform Policies: Carefully examine Terms of Service and Privacy Policies
- Enterprise Solutions: Consider professional AI versions with enhanced privacy
- Data Minimization: Input only necessary information
- Anonymization: Remove client-identifying details when possible
- Client Consent: Obtain informed consent for sensitive information
- Local Processing: Consider AI tools that process data locally
SCR 3.130(1.3): Diligence#
Kentucky Rule 1.3 requires a lawyer to “act with reasonable diligence and promptness in representing a client.”
AI and Diligent Representation:
- AI tools should enhance efficiency without compromising thoroughness
- Verification of AI outputs is part of diligent representation
- AI failures don’t excuse missed deadlines or inadequate work
- Efficiency gains should benefit clients through better service
SCR 3.130(1.4): Communication#
Kentucky Rule 1.4 requires keeping clients reasonably informed and explaining matters so clients can make informed decisions.
AI Disclosure Considerations:
While Kentucky has not mandated AI disclosure, communication duties may require disclosure when:
- AI use materially affects the representation
- Confidential information will be processed by AI
- AI use impacts fees or billing
- Clients specifically ask about technology use
- Informed consent is needed for AI-related decisions
Recommended Approach: Address AI use policies in engagement letters and discuss during initial client meetings.
SCR 3.130(3.3): Candor Toward the Tribunal#
Kentucky Rule 3.3(a)(1) prohibits lawyers from making “a false statement of fact or law to a tribunal.”
Court Filing Obligations:
Pre-Filing Verification:
- Verify every case citation in official reporters
- Confirm Kentucky statutory citations against current KRS
- Check quoted language against original sources
- Ensure legal propositions accurately reflect Kentucky law
- Comply with any local court AI requirements
SCR 3.130(5.1) & (5.3): Supervisory Responsibilities#
Kentucky Rules 5.1 and 5.3 establish supervision requirements over lawyers and nonlawyers.
AI Supervision Framework:
Managing Attorney Duties:
- Establish clear firm policies on AI use
- Ensure attorneys understand ethical AI obligations
- Implement verification and quality control procedures
- Monitor compliance with AI policies
- Provide training on ethical AI practices
AI as “Nonlawyer Assistance”:
Courts increasingly treat AI tools analogously to nonlawyer assistants. Under Rule 5.3:
- Supervise AI outputs as you would a paralegal’s work
- Verify AI content before use or filing
- Don’t delegate professional judgment to AI
- Accept responsibility for all AI-assisted work product
Billing Considerations Under SCR 3.130(1.5)#
Kentucky Rule 1.5 requires that fees be reasonable. AI use raises important billing considerations:
Ethical Billing Practices#
Permissible:
- Time spent developing and refining AI prompts
- Time reviewing, editing, and improving AI outputs
- Time verifying AI-generated research and citations
- Actual time invested in completing work product
Prohibited:
- Billing for time not actually spent
- Charging for hypothetical “manual” hours saved by AI
- Misrepresenting AI-assisted work as entirely manual
- Fees unreasonable given AI efficiency gains
Best Practices for AI Billing#
- Transparency: Discuss AI-related billing with clients
- Actual Time: Bill only for time actually expended
- Value Consideration: Consider whether AI efficiencies warrant fee adjustments
- Documentation: Maintain records of AI use and time spent
Kentucky Court Considerations#
Kentucky Supreme Court#
The Kentucky Supreme Court promulgates the Rules of Professional Conduct and may issue orders addressing AI use. Attorneys should monitor for developments.
Kentucky Court of Appeals#
The Court of Appeals may address AI issues in opinions or procedural orders. Stay current on appellate practice developments.
Circuit and District Courts#
Kentucky trial courts may issue local rules or orders regarding AI:
- Check local court rules for AI requirements
- Comply with any verification or disclosure requirements
- Monitor for updates to local practices
Federal Courts in Kentucky#
The U.S. District Courts for the Eastern and Western Districts of Kentucky follow federal AI guidance:
- Review any standing orders on AI disclosure
- Comply with federal certification requirements
- Monitor evolving federal court AI policies
Practical Compliance Checklist#
Pre-Adoption Assessment:
- Research AI tool capabilities and limitations
- Review Terms of Service and Privacy Policy
- Assess data protection and security measures
- Verify data isn’t used for model training without consent
- Test tool reliability with known-correct outputs
Before Each Use: 6. Assess whether AI is appropriate for the task 7. Consider confidentiality implications 8. Determine whether client consent is needed 9. Ensure you can verify outputs
During AI Use: 10. Use clear, specific prompts 11. Minimize confidential information input 12. Maintain professional judgment 13. Document your AI use and process
Post-Output Verification: 14. Verify all case citations in official reporters 15. Check Kentucky-specific citations (KRS, Ky. App.) 16. Verify quoted language against originals 17. Shepardize/KeyCite all authority 18. Review for consistency with Kentucky law 19. Edit for accuracy and client-specific needs 20. Confirm compliance with court rules
Billing Protocol: 21. Track and bill only actual time spent 22. Don’t charge for hypothetical “saved” time 23. Ensure fees remain reasonable 24. Communicate AI billing practices to clients
Supervision Requirements: 25. Establish and maintain firm AI policies 26. Train attorneys and staff on AI ethics 27. Implement verification protocols 28. Monitor compliance 29. Update policies as technology evolves
Kentucky Rules of Professional Conduct Reference#
| Rule (SCR 3.130) | Obligation | AI Application |
|---|---|---|
| Rule 1.1 | Competence | Understand AI; verify all outputs |
| Rule 1.3 | Diligence | AI enhances, doesn’t replace, thorough work |
| Rule 1.4 | Communication | Disclose AI use when material |
| Rule 1.5 | Fees | Bill actual time; maintain reasonable fees |
| Rule 1.6 | Confidentiality | Protect client data in AI systems |
| Rule 3.3 | Candor | Verify all content before court submission |
| Rule 5.1 | Supervisory Duties | Establish policies; ensure compliance |
| Rule 5.3 | Nonlawyer Assistance | Supervise AI like nonlawyer staff |
Malpractice Considerations#
Kentucky attorneys should address malpractice implications of AI use:
Insurance Considerations:
- Review policy coverage for AI-related claims
- Disclose AI practices to insurers if required
- Document verification as evidence of reasonable care
- Consider coverage implications before adopting AI tools
Risk Mitigation:
- Implement robust verification protocols
- Maintain records of AI use and verification steps
- Establish clear firm policies demonstrating professional standards
- Train all personnel on AI risks and requirements
Kentucky Lawyer Assistance Program (KYLAP)#
The Kentucky Lawyer Assistance Program provides confidential support to attorneys. While primarily focused on mental health and substance abuse, KYLAP can help attorneys experiencing stress related to technology adoption and practice changes. Contact KYLAP at (502) 564-3795 for confidential assistance.
Frequently Asked Questions#
Has Kentucky issued specific AI ethics guidance for attorneys?
Can Kentucky attorneys use AI for legal research?
Must Kentucky attorneys disclose AI use to clients?
How do Kentucky confidentiality rules apply to AI?
What are AI supervision requirements for Kentucky law firms?
How should Kentucky attorneys bill for AI-assisted work?
Resources#
Kentucky Resources#
- Kentucky Rules of Professional Conduct (SCR 3.130)
- Kentucky Bar Association Ethics Opinions
- KBA Ethics Hotline: (502) 564-3795 (Members Only)
- Bench & Bar Magazine
National Resources#
- ABA Formal Opinion 512 - National guidance on attorney AI use
- [AI Hallucinations in Courts](/industries/legal-hallucinations/) - Sanctions cases and verification requirements
- State-by-State AI Ethics Guide - Compare guidance across jurisdictions
Questions About AI Ethics Compliance in Kentucky?
While Kentucky has not yet issued comprehensive AI guidance, the Kentucky Rules of Professional Conduct provide a clear framework for ethical AI use. Understanding your obligations under these rules is essential for responsible AI integration in your practice.
Consult a Legal Ethics Attorney