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.

The materials on the Eversheds Sutherland website are for general information purposes only and do not constitute legal advice. While reasonable care is taken to ensure accuracy, the materials may not reflect the most current legal developments. Eversheds Sutherland disclaims liability for actions taken based on the materials. Always consult a qualified lawyer for specific legal matters. To view the full disclaimer, see our Terms and Conditions or Disclaimer section in the footer. Eversheds Sutherland is a provider of legal and other services operating through various separate and distinct legal entities. For further information about these entities and Eversheds Sutherlands' structure please see the Legal Notice page of this website.

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amyrudolph@eversheds-sutherland.com

Amelia Toy Rudolph

Partner

Atlanta, United States

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