GenAI and the Ethical Lawyer: Same Standards, Different Dilemmas — Part II

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GenAI and the Ethical Lawyer: Same Standards, Different Dilemmas — Part II

How Courts Are Enforcing the Duty of Candor

March 10, 2026

United States
United States
United States

In Part I of “GenAI and the Ethical Lawyer,” published by the ABA Litigation Section, Eversheds Sutherland Partner Amy Rudolph discussed the ethical implications of using Generative AI (GenAI) in the legal profession, focusing on the lawyer’s duty of competence under ABA Model Rule 1.1 and outlining key risks attorneys should evaluate before using GenAI tools in legal practice.

In the newly published Part II, Ms. Rudolph turns to another critical emerging issue: the risk of lawyers relying on GenAI-generated content that includes hallucinated, or entirely fictitious, cases and quotations in court filings, and how this risk implicates a lawyer’s ethical duty of candor to the court. She explores recent orders imposing sanctions for hallucinated citations and offers strategies for risk mitigation.

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amyrudolph@eversheds-sutherland.com

Amelia Toy Rudolph

Partner

Atlanta, United States

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