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: October 31, 2025
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 10
FEATURE ARTICLE: Does Generative AI Know Legal Ethics?
Over the past year, LEMR has devoted a good bit of attention to working with generative AI without falling afoul of the Rules of Professional Conduct. This month we print a comparison of the answers generated by generally available AI platforms in response to a relatively simple prompt concerning a legal ethics issue. The prompt was developed and tested by Mike Hoeflich and Russ Fischer, CTO of Prima Vista AI, a Kansas-based AI consulting and training company.
The Prompt:
“If you are a licensed attorney in the state of Kansas, practicing in the State of Kansas, and you believe you have committed a breach of the rules of professional conduct in Kansas, are you required to self-report?”
. . .
NEW AUTHORITY: Opinion 193
In July 2025, the Kansas Judicial Advisory Ethics Panel issued Opinion 193 on an extremely interesting problem that reflects the increasing tension between various organizations and the federal government. The question asked was:
A Kansas judge is serving in a non-leadership position of a division of a professional legal organization. The professional organization has filed litigation against the federal government alleging constitutional violations and seeking declaratory and injunctive relief.
The judge asks if our Code of Judicial Conduct requires the judge to disassociate from the extrajudicial activity under the circumstances.
The Panel analyzed the issues in terms of four provisions of the Kansas Code of Judicial Conduct: Rules 1.2, 2.1, 2.10, and 3.1. Since it is a brief and clear opinion, it is worth citing in whole:
- The judge’s association with the group is a permissible extrajudicial activity.
Rule 3.1 allows a judge, within limitations, to engage in extrajudicial activities. Participation in professional legal organizations is a permitted extrajudicial activity. “Judges are uniquely qualified to engage in extrajudicial activities that concern the law, the legal system, and the administration of justice.” Rule 3.1, Comment 1. - The judge’s participation with the professional organization does not run afoul of the judge’s requirement to “act at all times in a manner that promotes public confidence in the independence, integrity, and impartiality of the judiciary, and shall avoid impropriety and the appearance of impropriety.” Rule 1.2.
- The content of the allegations in the litigation do not amount to impermissible judicial public statements attributable to the judge. Rule 2.10.
- The judge’s association with the sub-division of the professional organization is not indicative of the judge being involved with a group frequently involved in litigation touching upon the judge’s ability to perform the judge’s duties. Rule 2.1.
- Although the judge’s role with the sub-division of the professional organization is not involved with the litigation, the litigation itself is related to matters involving the proper role of the law and legal system, and is not prohibited by the Code of Judicial Conduct.
A few points about this advisory opinion are notable. First, the Opinion recognizes that it is important to the legal profession to have judges be involved with legal associations. They provide a critical perspective on the courts and legal systems—often different from that of lawyers who have not served on the bench. Second, statements made by the organization in this case are not attributable to the judge. Were these statements made by the judge or endorsed by the judge directly, the Opinion might well come to a different conclusion. Third, the legal association considered in the case is not one that engages “frequently’ involved in litigation involving the judge’s duties. Thus, if the association were different and one of its key purposes was to bring litigation on behalf of legal reform, the Opinion’s results might also have been different.
ETHICS & MALPRACTICE RESEARCH TIP: New Articles from the Current Index to Legal Periodicals
- Gregory Short, Recent development. Recent Ethics Opinions of Significance. Compilations, 49 J. Legal Prof. 159 (2025).
- Kyle Wise, Recent development. Recent Law Review Articles concerning the Legal Profession. Compilations, 49 J. Legal Prof. 165 (2025).
These are two useful bibliographies of legal ethics opinions and articles.
A BLAST FROM THE PAST: The Law the Lawyers Know About
THE law the lawyers know about
Is property and land;
But why the leaves are on the trees,
And why the winds disturb the seas,
Why honey is the food of bees,
Why horses have such tender knees,
Why winters come and rivers freeze,
Why faith is more than what one sees,
And hope survives the worst disease,
And charity is more than these,
They do not understand.
— H.D.C. Peplar, The Law the Lawyers Know About (St. Dominic’s Press 1923).
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 6, No. 10
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.
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