Legal Ethics & Malpractice Reporter, Vol. 6, No. 9

EDITED BY:

Professor Michael H. Hoeflich, PhD, Editor-in-Chief
Carrie E. Parker, Legal Editor
Luzianne Jones, Design & Publishing Editor

PUBLISHED BY: Joseph, Hollander & Craft LLC

PUBLICATION DATE: September 30, 2025

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 9

FEATURE ARTICLE: Judges, Judicial Ethics, and AI

During the past few years, the lamentable habit of generative AI platforms to provide false citations has resulted in their incorporation in documents submitted to the courts and caused controversy, angry judges, humiliated lawyers, and serious questions about the ethical obligations of lawyers using AI. Unfortunately, as the submission of flawed documents to courts continues, judges may include these citations in opinions not knowing they are false. Are there ethical implications for judges who do this?

Increasingly, we are finding cases in which a judge has been entrapped by a false citation presented in a brief or other document before the court. In Shahid v. Esaam, a Georgia case, the wife objected to the judgment based on improper service and the husband’s brief included two fake cases that the trial court relied upon in accepting the husband’s argument. While the appellate court declined to make factual findings about how this occurred, it certainly suggested the husband’s attorney was at fault:

. . .

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NEW OPPORTUNITIES: Increasing the Availability of Legal Services in Rural Kansas

For the past several years the Kansas Bar, the Kansas Supreme Court, and the Kansas Legislature have all expressed great concern about the provision of legal services in underserved rural areas in Kansas. In December 2024, the Kansas Supreme Court issued its report on “Kansas Rural Justice Initiative.” And in the 2025 session of the Kansas Legislature, SB 214 and HB 2174 were introduced to improve rural access to justice and encourage law students and law schools to focus more on rural practice.

The Kansas Rural Justice Initiative’s first recommendation was that:

The Kansas Supreme Court should collaborate with the Kansas Legislature, the University of Kansas School of Law, and Washburn University School of Law to establish a rural-attorney training program. That program should create tuition-reimbursement incentives to encourage prospective attorneys to attend law school in Kansas and ultimately practice in rural Kansas.

Both KU and Washburn have taken this initiative very seriously.

At KU, the dean asked me to revive a course on practice management that I taught a decade ago at KU—but to focus it on small firm and rural practice. I agreed (what better way to begin my retirement?). Ethical rules and concepts will be a major part of the course, and it will also include AI training.

Below is a draft of the syllabus for the course that I will offer in Spring 2026. I hope that some readers will find it interesting and provide comments or suggestions. I also hope readers practicing in rural Kansas and lawyers who run small law firms in the state might be willing to speak to my students.

– Mike Hoeflich

Syllabus:

1. Choosing Your Practice Parameters
   1. Locations
   2. Practice Fields
   3. Specializations?
2. First Steps: Finances
   1. Creating a Business Plan
   2. Home Office, Rent or Buy?
   3. Finances
3. Designing your Office
   1. Work Space
   2. Security
   3. Equipment
4. Staffing
   1. Temp. or Permanent
   2. Secretaries
   3. Paralegals
   4. Clerks
   5. HR Issues: Salaries & Benefits [and, see, 5(d)]
5. Establishing Financial and Bank Accounts
   1. Operating Account
   2. Trust Account
   3. Credit Cards, etc.
   4. Insurance [see 10]
   5. Accounting & Payroll
6. Technology I
   1. Computers
   2. Printers/Scanners
   3. Phones
   4. Provider Options
   5. Cloud Options
   6. Cyber Security
7. Technology II: AI
   1. Choosing a Platform
   2. RAGS
   3. Generative AI
   4. AI in Document Management
   5. Front-facing AI
8. Billing
   1. Billing models
      1. Hourly
      2. Transactional
      3. Contingent
      4. Hybrid
      5. Advanced Retainers
      6. Non-Refundable Retainers
   2. Billing Documentation
9. Firm Documents
   1. Practice Manual
   2. Engagement Letter
   3. Termination Letter
   4. Conflicts Prevention
10. Insurance
    1. Malpractice Insurance
    2. Liability & Premises Insurance
11. Acquiring Clients
    1. Advertising: Letterhead & Business Cards
    2. Advertising: Web-Based
    3. Community Involvement
    4. Professional Associations
    5. Handling Prospective Clients
12. Pro Bono & Assigned Cases
13. Assessing Your Practice
    1. Financial Benchmarks
    2. Personal Benchmarks
14. Continuing Legal Education
15. Handling Disciplinary Complaints & Malpractice Claims
16. Expanding Your Practice

Exercises:

1. Financial Plan
2. Office Design
3. Staffing Plan

Document Drafting:

1. Retainer Letter
2. Termination Letter
3. Billing Statement

AI Prompt Lab:

1. Ethical Use of AI
2. Writing Prompts I
3. Writing Prompts II

ETHICS & MALPRACTICE RESEARCH TIP: New Articles from the Current Index to Legal Periodicals

1. David King, How to Retain Being a Human Lawyer While Using Generative AI, 61 Cal. W. L. Rev. 331 (2025).
2. James A. Sherer, et al., A Model Approach to Attorney AI Practice—Function or Folly in an Age of AI?, 61 Cal. W. L. Rev. 353 (2025).

The articles on AI in law practice just keep coming. Here are two more of interest.

A BLAST FROM THE PAST: Plain and Serious Hints of Advice

Let all your actions be regulated by the rules of justice for the time to come; and reckon nothing really gained, but what you gain honestly. Be advised ever to take the safer path in doubtful cases; do that which appears to be the most honorable, just, and charitable; and run not always to the utmost extent of lawfulness, for that always walks so near to the river’s brink as he can, is in extreme danger of falling in.

— Richard Steele, The Religious Tradesman; or Plain and Serious Hints of Advice 116 (1823).

READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 9

About Joseph, Hollander & Craft LLC

Joseph, Hollander & Craft is a mid-size law firm representing criminal defense, civil defense, personal injury, and family law clients throughout Kansas and Missouri. From our offices in Kansas City, Lawrence, Overland Park, Topeka and Wichita, our team of 26 attorneys covers a lot of ground, both geographically and professionally.

We defend against life-changing criminal prosecutions. We protect children and property in divorce cases. We pursue relief for clients who have suffered catastrophic injuries or the death of a loved one due to the negligence of others. We fight allegations of professional misconduct against medical and legal practitioners, accountants, real estate agents, and others.

When your business, freedom, property, or career is at stake, you want the attorney standing beside you to be skilled, prepared, and relentless — Ready for Anything, come what may. At JHC, we pride ourselves on offering outstanding legal counsel and representation with the personal attention and professionalism our clients deserve. Learn more about our attorneys and their areas of practice, and locate a JHC office near you.