AI & THE LEGAL PROFESSION
Articles, Resources & Case Law | WSBA Family Law Section
Updated monthly
_______________________________________
JANUARY 2026
BAR & COURT POLICY NEW
Beyond the Ban: Why Your Law Firm Needs a Realistic AI Policy in 2026
79% of legal professionals now use AI tools but 44% of firms lack formal governance policies. Offers a practical red/yellow/green classification framework for building a firm AI use policy.
North Carolina Bar Association
_______________________________________
DECEMBER 2025
ETHICS & CONDUCT NEW
NYC Bar Formal Opinion 2025-6: AI Recording & Transcribing Client Calls
Attorneys must obtain client consent before using AI to record or transcribe client calls, assess confidentiality and privilege implications, and verify AI-generated summaries for accuracy.
NYC Bar Association
BAR & COURT POLICY NEW
ABA Task Force Year 2 Report: AI Has Moved From Experiment to Infrastructure
The ABA's final 56-page report declares AI "no longer an abstract concept." Covers judicial AI guidelines, deepfake evidence threats, and 100+ AI use cases in legal aid settings.
American Bar Association
_______________________________________
OCTOBER 2025
CASE LAW
AI Hallucination Cases: Growing From 2 Per Week to 2-3 Per Day
Researcher Damien Charlotin's database now tracks 1,150+ cases worldwide — including a Washington State attorney whose pro hac vice status was revoked after citing non-existent precedents.
Cronkite News / ASU
ACADEMIC RESEARCH
Fake Legal Authorities: AI Hallucination or Professional Negligence?
Comparative analysis across US, UK, Canada, and Australia — including a family law case where an Australian attorney was banned from unsupervised practice for two years. Tribunal: "Ignorance of a tool's limitations is no defence."
Lexology / BCLP
_______________________________________
AUGUST 2025
CASE LAW
Johnson v. Dunn: Large Firm Disqualified for a Single AI Hallucination
N.D. Alabama disqualified attorneys from a case after one ChatGPT hallucination in a filing — even though the firm had a written AI governance policy. Bar regulators in every licensed state were notified.
Esquire Deposition Solutions
_______________________________________
JULY 2025
BAR & COURT POLICY
WSBA Legal Technology Task Force Charter
The WSBA Board of Governors formed a task force to assess AI-related opportunities and threats and determine the bar's role in regulation and consumer protection.
WSBA
BAR & COURT POLICY
Results of the WSBA task force survey of Washington legal professionals on their adoption of and attitudes toward emerging technology including AI tools.
WSBA
CLE
CLE: Ethical Issues Related to the Use of Artificial Intelligence
WSBA-sponsored CLE covering professional responsibility when using AI tools — competence, confidentiality, supervision, and candor duties for Washington practitioners.
WSBA / mywsba.org
CASE LAW
In re Lindell AI Sanctions — D. Colo. (Judge Nina Wang)
Two attorneys fined $3,000 each after filing a brief with 24+ AI-generated mistakes including fake citations. The fine was described as the minimum adequate to deter future misconduct.
NPR
_______________________________________
JUNE 2025
CASE LAW
Rochon-Eidsvig v. JGB Collateral, LLC — Tex. Court of Appeals, 5th Dist.
Attorney filed AI-generated brief with non-existent citations, failed to verify before filing, and failed to correct after opposing counsel flagged them. Competence and candor violations found.
Google Scholar
ETHICS & CONDUCT
New Alaska Ethics Opinion on Artificial Intelligence
Alaska bar guidance on attorney obligations when using AI tools — competence, confidentiality, and supervision duties with practical guidance for family law practitioners.
WSBA NW Sidebar
LEGALTECH TOOLS
LegalTech Tools: A Quick and Proper Ethical Technology Assessment
Practical framework for attorneys evaluating AI-driven legal technology tools — due diligence, security review, confidentiality parameters, and vendor contract analysis.
SSRN
_______________________________________
MAY 2025
CASE LAW
Ko v Li — Ontario Superior Court (2025 ONSC 2766) — Family Law
In a matrimonial proceeding, a lawyer argued fabricated AI-generated Canadian case citations. One hyperlink led to a completely unrelated case. The lawyer faced contempt proceedings — a key example of AI hallucination risk in family law.
BCLP Law
CASE LAW
Willis v. US Bank National Association — N.D. Texas (Standing Order)
Standing order requires AI disclosure on first page of any AI-assisted brief. Fabricated cases do not constitute "existing law" — relying on hallucinated authorities is an abuse of the judicial system.
N.D. Texas
_______________________________________
MARCH 2025
BAR & COURT POLICY
In re Interim Policy on Generative AI — South Carolina Supreme Court
Chief Justice Kittredge restricts all court AI use to approved tools on approved devices. Prohibits verbatim AI-generated content in legal documents without direct human oversight.
South Carolina Supreme Court
_______________________________________
FEBRUARY 2025
ETHICS & CONDUCT
Oregon Bar Formal Opinion 2025-205: AI Tools and Client Confidentiality
Addresses closed vs. open AI model distinctions, when client consent is required, and billing ethics for AI-assisted work. Cites Stanford research showing 75%+ hallucination rates on legal questions.
Oregon State Bar
BAR & COURT POLICY
Illinois Supreme Court Adopts Policy on AI Use in Judiciary
Illinois adopts a formal court policy governing AI use by judicial officers and staff, with implications for all attorneys practicing in Illinois courts.
Illinois Courts
_______________________________________
PRIOR RESOURCES — 2024
ACADEMIC RESEARCH
The Implications of ChatGPT for Legal Services and Society
University of Michigan Law Review exploring how large language models will reshape legal practice, access to justice, and the attorney-client relationship.
Michigan Technology Law Review — November 2024
ACADEMIC RESEARCH
Generative AI for Academic Support in Law Schools: Report of Experiments
Empirical study on how AI tools perform on law school tasks — analysis accuracy, citation reliability, and pedagogical implications.
SSRN — October 2024
ACADEMIC RESEARCH
The Future is Now: Artificial Intelligence and the Legal Profession
International Bar Association report on AI's impact on legal practice across 30+ jurisdictions — automation, liability, and regulatory recommendations.
International Bar Association — September 2024
ETHICS & CONDUCT
Ethics Guidance for Generative AI Use
Minnesota State Bar on attorney duties of competence, confidentiality, and supervision when using generative AI tools in legal representation.
Minnesota Bar Association — September 2024
ACADEMIC RESEARCH
AI Hallucinations in Legal Work: Stanford CodeX Research
Stanford Law's RegLab finds LLMs hallucinate in 30-75% of legal research queries. Even legal-specific tools are prone to fabrication — ignorance of limitations is not a professional defense.
Stanford Law School — August 2024
BAR & COURT POLICY
ABA Formal Opinion 512: Generative AI Tools
The ABA's comprehensive ethics opinion covering competence, confidentiality, supervision, fees, and candor obligations across all stages of AI-assisted legal practice.
American Bar Association — July 2024
ETHICS & CONDUCT
Generative AI in the Modern Lawyer's Toolbox
Florida Bar overview of how attorneys can responsibly integrate generative AI into their workflows while meeting ethics obligations.
Florida Bar — July 2024