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: July 31, 2026
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 7
FEATURE ARTICLE: Loyalty & Discretion
Many lawyers will be surprised to be told that the term “loyalty” does not actually appear in the text of the Rules of Professional Conduct. It does appear in several explanatory comments, but not in the text of the actual Rules.
Loyalty is probably most commonly considered with regard to conflicts of interest. Indeed, Comment 1 to KRPC 1.7, Conflict of Interest: Current Clients, invokes the term immediately, stating:
. . .
NEW AUTHORITY: New York on AI Use
As of June 1, 2026, lawyers practicing in the New York State Unified Court System are governed by a new rule regarding the use of artificial intelligence (AI). After months of deliberation and consultation, the Unified Court System adopted 22 NYCRR Part 161.
It begins with a general statement of policy:
It is the policy of the Unified Court System that the use by attorneys and parties of artificial intelligence tools in preparing papers submitted to a court should not be prohibited, as long as such use is in accordance with the duties and responsibilities that apply to individuals who submit papers to a court. Since those duties and responsibilities already apply to all submissions, regardless of whether AI tools were used, attorneys and parties should not be required, upon submitting papers, to disclose to the court that they have used AI in the preparation of such papers.
The order also includes a model rule, which New York judges may use in whole or part:
Every attorney or party who uses an artificial intelligence (AI) tool in preparing any paper submitted to this court is expected to understand that tool’s capabilities and limitations. Attorneys and parties need to be aware that AI tools, among other risks and limitations, can generate fabricated information or fictitious citations to authority (commonly known as hallucinations). Under existing authority, by signing a paper and submitting it to this court, an attorney or party certifies that the paper does not contain any false material factual statement or any frivolous legal argument Cree, e.g, 22 NYCRR 130-1.1, 130-1.1a), and an attorney who submits any paper to this court is additionally bound by the Rules of Professional Conduct. Accordingly, any attorney or party who uses an artificial intelligence tool, as defined in 22 NYCRR 161.2(a), in preparing any paper, as defined in 22 NYCRR 161.2(b), filed in or submitted to this court or served on another party in a case before this court is required to carefully review the paper and independently ensure that it contains no fabricated or fictitious cases, statutes, or other material. By signing such paper, an attorney or party certifies that such a review has been conducted and that the paper contains no such fabricated or fictitious content. If this court determines that this requirement has not been satisfied, such attorney or party may be subject to sanction or other remedial action.
A number of provisions of this model rule are quite important. First, and most basic, every lawyer is expected to understand that AI is far from perfect and that hallucination are common. Therefore, every attorney practicing in New York, by submitting a document to a N.Y. court certifies that it is free of hallucinations or “fictitious citations.” Second, the model rule also makes it clear that submission of a document with hallucinations to a party before the court will also bring sanctions. Finally, the court makes a point to say that this rule is based on “existing authority,” so lawyers cannot argue that the Court is making a new rule.
While 22 NYCRR Part 161 only applies to practice in the state of New York, it undoubtedly will have a major impact on state and federal courts looking to develop appropriate regulations for AI in their own jurisdictions. It is, therefore, something every lawyer should study.
ETHICS & MALPRACTICE RESEARCH TIP: New Article on Legal Malpractice & Ethics
David A. Grenardo, “Why Civility?” 57 U. Tol. L. Rev. 421 (2026).
In spite of efforts over the past two decades to improve civility at the Bar and reintroduce a sense of collegiality among lawyers, the issue remains difficult and unresolved. In this article, Professor of Law & Associate Director of the Holloran Center for Ethical Leadership in the Professions at University of St. Thomas School of Law David Grenardo highlights experiences that illustrate both the importance of civility and the costs of incivility.
A BLAST FROM THE PAST: From the Not so Distant Past: Preamble to the Rules of Professional Conduct
Lawyers should always remind themselves of the Preamble to the Rules of Professional Conduct. There is wisdom contained therein:
Many of a lawyer’s professional responsibilities are prescribed in the Rules of Professional Conduct, as well as substantive and procedural law. However, a lawyer is also guided by personal conscience and the approbation of professional peers. A lawyer should strive to attain the highest level of skill, to improve the law and the legal profession and to exemplify the legal profession’s ideals of public service.
— Model Rules of Professional Conduct: Preamble & Scope, 7.
READ & DOWNLOAD FULL-TEXT PDF OF LEMR Vol. 7, No. 7
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