News & Updates
“File & Serve” (eFiling) Training Sessions Coming Soon
The AOC has announced that in anticipation of the Kentucky Court of Justice’s new eFiling system, “File & Serve”, going live in the fall of 2025 in Jefferson and Fayette Counties, Tyler Technologies will be hosting online training sessions. If you attended the KBA’s annual convention this month, you may have attended the presentation on “File & Serve.” However, if not, no worries. Tyler Technologies will be hosting 60-90 minute instructor-led interactive online training sessions for the new File & Serve application. Sessions for attorneys and staff will be offered multiple days per week for four (4) weeks prior to go-live. The first four (4) Go-To-Meeting sessions will be reserved for Jefferson County as the first G0-Live (GL) county. A similar training schedule will be established for Fayette, the second GL county, with statewide rollout to follow in 2026. For upcoming dates and additional information on File & Serve, you may visit their webpage by clicking this link: File & Serve (eFiling). Stay tuned!
Mother Nature Strikes Again
After last month’s tornados ripped through the Commonwealth, LMICK wishes to remind you that disaster planning for you and your practice is critical. In LMICK Minute, Issue #53, we provided information on steps to take “After Disaster Strikes” following the devastating flooding in Kentucky earlier this year. While summer is here, the threat of bad weather is always a possibility. LMICK recommends that you review the information in the hyperlinked articles below to help you and your office plan and prepare for any further unpredictable weather.
- Client Notification Requirements and Template Letter
- ABA Ethical Obligations to Clients in the Wake of a Disaster
- ABA Formal Opinion 482ABA Formal Opinion 482
If you need further assistance or guidance that these materials do not address, please contact Lawyers Mutual.
Practice Management
A Cautionary Tale: When Expert Opinion Meets Artificial Imagination
As part of LMICK’s continued AI series, this month LMICK would like to discuss the usage of AI by “experts” in either yours or opposing counsel’s cases.
In a recent court case out of the U.S. District Court for the District of Minnesota, Kohls, et al. v. Ellison, et al., 24-cv-3754, 2025 U.S. Dist. LEXIS 4928 (D. Minn., Jan. 10, 2025), the Court was faced with the issue of an expert for the defense who unintentionally included hallucinations in his declaration filed with the Court. Can you believe it? In this case, ironically enough, the Plaintiffs were challenging a new Minnesota law that was designed to prohibit “deepfakes” (images, videos, or audio that have been edited or generated using artificial intelligence) and disinformation in political campaigns. In defense of the statute, the Defendants retained an “AI expert” from Stanford University who filed a declaration with the Court in support of his testimony.
However, upon reviewing the declaration, the Court became aware that the expert’s declaration contained AI hallucinations. And, accordingly, the Court ultimately excluded the expert’s declaration as being untrustworthy. In the case, the expert admitted to using GPT-4o (a paid AI subscription) which generated two fake citations to two non-existent academic articles, and incorrectly cited the authors of a third article. The expert admitted to not verifying the AI output before signing the declaration which was filed with the Court.
In the Kohl’s case, the Court was cautious to not criticize the expert for using AI or admonishing the defense for allowing AI to be used. However, the Court stated, “But Attorney General Ellison’s attorneys are reminded that Federal Rule of Civil Procedure 11 imposes a “personal, nondelegable responsibility” to “validate the truth and legal reasonableness of the papers filed” in an action.” Accordingly, the Court makes it clear that it is incumbent upon all attorneys to ascertain the veracity of all documents and information put before the Court, whether it be your filings, or that of your expert(s).
We think this situation could have also opened defense attorneys to an alleged violation of Rule 3.3 of the Rules of Professional Conduct – Candor toward the tribunal. So, be careful to police what you submit to the Court from your experts.
Steps Attorneys Should Take to Manage AI Use in Expert Testimony:
- Explicitly Inquire About AI Use
- During expert vetting or engagement, directly ask whether and how the expert used AI tools in preparing their report or analysis.
- Include AI-related disclosure requirements in the engagement letter
- Assess the Tool and its Role
- Determine whether the AI was used for substantive analysis (e.g., modeling, diagnostics) vs. administrative tasks (e.g., grammar checks).
- Ask for documentation of data sources, methods, and software used.
- Ensure Reproducibility
- Require the expert to be able to replicate their results without relying solely on AI outputs, especially if the AI model is proprietary or opaque.
- Preserve copies of datasets, inputs, prompts, and outputs used.
- Prepare for Challenges
- Be ready to defend the expert’s methodology under Daubert or Frye, including AI’s role and its scientific validity.
- Anticipate cross-examination about AI's reliability, training data, and limitations.
- Review and Vet Reports Thoroughly
- Do not assume accuracy—lawyers should closely review expert reports for any red flags such as fabricated citations, logic gaps, or unverifiable claims.
- Educate Yourself and Your Team
- Stay current on AI tools relevant to your area of practice and expert witnesses.
- Train on identifying and interrogating AI usage in forensic, scientific, and professional analyses.
- Draft Disclosures Strategically
- Consider whether any AI usage needs to be disclosed in expert witness reports under applicable discovery rules (e.g., FRCP 26(a)(2)).
Questions? Contact
Ending Representation – What “Material Adverse Effects” Prevent Permissive Withdrawal?
On April 2, 2025, The American Bar Association published ABA Formal Opinion 516. This Opinion discussed Model Rule of Professional Conduct, or its equivalent, SCR 3.130 (1.16) Declining or Terminating Representation. Specifically, the Opinion discussed Subsection (b)(1), which states:
“(b) Except as stated in paragraph (c), a lawyer may withdraw from representing a client
if:
(1) Withdrawal can be accomplished without material adverse effect on the interests of the client.”
Formal Opinion 516 explains that a lawyer’s withdrawal would have a “material adverse effect on the interests of the client” if it would result in significant harm to the forward progress of the client’s matter, significant increase in the cost of the matter or significant harm to the client’s ability to achieve the legal objectives that the lawyer previously agreed to pursue in the representation.
The opinion notes that “a lawyer may be able to remediate these adverse effects and withdraw in a manner that avoids or mitigates the harm that the rule seeks to prevent.” It also provides that the “lawyer’s motivation for withdrawal is not relevant under Model Rule 1.16(b)(1). Therefore, under the model rules, if the lawyer’s withdrawal does not cause ‘material adverse effect’ to the client’s interests in the matter in which the lawyer represents the client, a lawyer may withdraw to be able to accept the representation of a different client, including to avoid the conflict of interest that might otherwise result.”
The opinion concludes that, “Ideally, lawyers will exercise care and thoughtfulness in deciding whether to accept an engagement and will generally refrain from ending a relationship without good cause, whether out of a sense of obligation, loyalty to the client or professional pride. But even careful lawyers may occasionally desire to end a representation for reasons other than those that constitute “good cause” under Rule 1.16.”
Accordingly, the new ABA Opinion clearly shows withdrawing from representation is permissible, but not to be taken lightly. The following are some key considerations that Lawyers Mutual would like for you to keep in mind when contemplating terminating representation of a client.
Key Considerations of Termination of Representation
- Ethical Considerations
- SCR 3.130 (1.16) Declining or Terminating Representation
- Mandatory withdrawal (Rule 1.16(a)): Required when representation will result in violation of law or ethical rules, attorney becomes physically or mentally unable to continue, or the client discharges the lawyer.
- Permissive withdrawal (Rule 1.16(b)): Permitted under certain conditions, such as:
- Client insists on criminal/fraudulent conduct.
- Client has used attorney’s services to commit a crime/fraud.
- Representation is unreasonably difficult (e.g., client uncooperative).
- Other good cause exists.
- BUT, withdrawal is only permitted if it can be done without material adverse effect on the client’s interests.
- Avoid Material Adverse Effects
- Avoid withdrawing during critical phases, such as imminent or upcoming hearings, deadlines, or trial, unless absolutely necessary.
- Provide reasonable notice to the client so that they can retain new counsel.
- Assist with the transition, which may include:
- Turning over case files and documents;
- Cooperating with successor counsel; and/or
- Explaining the procedural posture of the case.
- Do not assert a lien on the file or threaten action even if the client owes you fees for services rendered. This was only cause you more headache down the road.
- Seek Court Approval
- If the case is pending before a court, leave of court is required in order to lawfully withdraw from a case.
- File a motion to withdraw and serve it on the client and all parties.
- Include a statement of why the withdrawal is necessary, and whether the client consents. But be careful not to disclose client confidences.
- If for no other reason to withdraw, cite SCR 3.130 (1.16)(a)(1) which states in pertinent part, “A lawyer shall not represent a client or, where representation has commenced shall withdraw from the representation of a client if the representation will result in violation of the Rules of Professional Conduct or other law.”
- However, Judges may still deny the motion to withdraw if it would prejudice the client or disrupt the proceedings.
- Communication with Client
- Document reasons for withdrawal in writing in your file.
- Explain any potential consequences of withdrawal and any pending deadlines with the client and be sure to notate those discussions in writing.
- Provide referrals (more than one attorney) if possible, or be sure to give the client enough heads up of your intent to withdraw so that they can have time to locate new counsel.
- Client’s Best Interest
- Even during withdrawal, the attorney still must:
- Protect the client’s confidentiality (SCR 3.130 (1.6) Confidentiality)
- Take reasonable steps to avoid foreseeable harm to the client.
- Maintain duty of loyalty and confidentiality even after the withdrawal is approved and effective.
Questions? Contact
Lawyer Well-Being
Summer Vacation – A Guide to Taking One
For lawyers, vacations can help reduce exhaustion and increase job satisfaction upon their return. However, many attorneys have trouble finding time to get away, and others work remotely even when they’re out of the office. To get the most benefit out of your vacation, try these tips!
Tip #1 – Plan in Advance
- If possible, plan far in advance!
- By planning ahead, you have the opportunity to vacation where you (and your family) want to, rather than just choose from “last minute getaways…”
- Try and plan your vacation during your “slow season” (depending upon your area of practice, for example, if you’re a tax attorney, don’t plan a vacation in April)
- This allows your partners/associates to not have to cover your cases as much in your absence, and alleviates your stress while out of the office
- But be sure to leave any notes, directions, etc. for counsel covering any of your cases/hearings that cannot be moved or scheduled to a different date while you are out of the office
Tip #2 – Communicate Your Travel Plans
- Once you’ve made vacation plans, tell everyone who may impacted or may need you in your absence
- May include clients, coworkers, opposing counsel, judges, clerks, etc.
- Make sure you set expectations for your time away (time to respond to calls/texts; emails; etc.)
- Make sure you tell people how to reach you (if you decide so, and what time you will be available)
- Set clear phone and email out-of-office messages to communicate your availability and dates of return
TIP #3 – Delegate Tasks
- Utilize your staff!
- Provide advance warning about your time off to allow staff to prepare.
- Make sure staff has access to any necessary files during your absence.
- If you have a case(s) on a docket that you cannot get continued during your vacation, ask a colleague within your office or ask another attorney to cover the case for you.
- If you are a solo practitioner or are unable to find someone to cover a case for you, reach out to the Judge’s chambers. Chambers’ staff may be able to advise the Judge so that the court will be informed as to your absence, and not hold it against your client.
TIP #4 – Plan for the Unexpected
- Many attorneys have a hard time being offline or feeling disconnected.
- Accordingly, bring your phone, device or laptop, but have limitations on usage.
- Make sure that your vacation spot has Wi-Fi or internet access if you know that is essential to your relaxation and well-being.
TIP #5 – Schedule “Reentry” Time
- DO NOT schedule client meetings or court appearances on your first day in the office back UNLESS it is absolutely necessary.
- Giving yourself a “buffer day” back in the office will allow you to slowly get back to your normal schedule and tackle not only what you have missed while on vacation, but what is new.
- Consider taking an extra day or two of time off from work if you know the workload waiting for you upon your return is going to be voluminous or cause you even more stress to go through.
- Don’t allow your vacation to cause even more stress or work upon yourself when you return. Having pre-vacation plans in place, along with a strong network of colleagues and assistants, will facilitate this, and allow you to enjoy your time off!
Questions? Contact
Know That Help is Always Available
If you are struggling with grief, sadness, anxiety, or any other emotion or stressor that is negatively impacting your daily life, please reach out for help. All Kentucky lawyers are eligible for four free visits with a mental health professional through the Kentucky Lawyers Assistance Program. For more information about the variety of confidential resources KYLAP offers, please visit www.KYLAP.org.
Upcoming Events
We look forward to seeing you!
We are proud to support the organizations that support you and your work! We will be out and about this spring, leading CLEs and sponsoring events. We hope you can join us at one of these currently scheduled events (and make sure to come say hello)!
Jul 24: KBA YLD Small/Solo Firm CLE Presentation, Lexington
We want to hear from you! Have a CLE topic you would like to see? Send suggestions to
Need a CLE Speaker? We would love to speak to your group! You can check out our updated list of available topics and request to schedule, here.