News & Updates
2026 Legal Food Frenzy Kick-Off
Join the KBA Young Lawyers Division, Feeding Kentucky, and the Office of the Attorney General as they launch the 2026 Kentucky Legal Food Frenzy. This special kick-off event will bring together legal professionals from across the Commonwealth to celebrate the start of this year’s campaign and learn how to get involved in supporting Kentucky families facing food insecurity.
Date: Friday, February 27, 2026
Time: 5:30 PM
Location: University of Kentucky J. David Rosenberg College of Law
Ticket Cost: $25
The Legal Food Frenzy is a friendly statewide competition where law firms, legal organizations, and law schools raise funds for Kentucky’s seven regional food banks. Come connect with colleagues, hear more about this year’s campaign, and help them make the 10th anniversary their most impactful year yet! The Legal Food Frenzy runs from March 11-March 27, 2026.
Register your team at www.kyfoodfrenzy.com!
Be on the Lookout: Reader Feedback Requested
Lawyers Mutual will be reaching out in the near future to gather your feedback on the LMICK Minute’s format and distribution. Your input will help us improve how we share updates, pertinent legal information, and ensure that the newsletter remains engaging and easy to access. Stay tuned for a brief survey—your thoughts will make a difference and will be greatly appreciated!
Practice Management
State and Federal Court Orders Regarding AI Usage
Courts across the country are beginning to confront the rapid integration of artificial intelligence into legal practice, and their response is increasingly taking the form of formal court orders. Both state and federal courts have issued directives addressing when and how AI tools may be used in drafting pleadings, conducting legal research, and submitting filings, often emphasizing transparency, accuracy, and attorney accountability. These orders signal a growing judicial effort to balance the efficiencies promised by AI with longstanding ethical obligations, procedural rules, and the court’s interest in maintaining the integrity of the judicial process.
For example, in Wisconsin, the Waukesha County Circuit Court, Family Division, recently issued a Standing Order governing the use of artificial intelligence tools in briefs, proposed orders, and all other written filings. The Order applies to all attorneys and pro se litigants in Family Division matters. Specifically, the Order states:
Independent Review Required
- Any filing prepared with AI assistance must be independently reviewed by the submitting attorney or party.
- The filer remains fully responsible for accuracy, legitimacy, and use of applicable law.
Mandatory Disclosure and Certification
- Any use of AI – at any stage of drafting or review – must be disclosed in the filing.
- The filing must include a certification identifying the AI tool(s) used and certifying, under penalty of perjury, that:
- The document has been independently reviewed; and
- Every citation to law, statute, case, or record has been verified and exists as cited.
No Reduction in Ethical Obligations
- Use of AI does not relieve attorneys of professional or ethical duties under:
- Wisconsin Supreme Court Rules of Professional Conduct, or
- Wis. Stat. § 802.05
Consequences of Noncompliance
- Striking of the filing
- Court-imposed sanctions
- Disciplinary referral
Practice Considerations
- Treat AI-generated content as unverified draft material only.
- Independently confirm all legal citations and authorities.
- Ensure required disclosures and certifications are included in applicable filings.
- Monitor other jurisdictions for similar AI-related court orders
However, the Supreme Court of Illinois has taken a different approach when providing guidance on the usage of AI. In December 2024, the Illinois Supreme Court issued its “Illinois Supreme Court Policy on Artificial Intelligence” which became effective January 1, 2025. The Illinois Supreme Court encourages the responsible and supervised use of AI and recommends that Illinois state court judges not require lawyers to disclose the use of AI in drafting pleadings. The Policy states in pertinent part, “The use of AI by litigants, attorneys, judges, judicial clerks, research attorneys, and court staff providing similar support may be expected, should not be discouraged, and is authorized provided it complies with legal and ethical standards. Disclosure of AI use should not be required in a pleading.” The guidance emphasizes that existing legal and ethical rules, rather than special provisions for AI, are sufficient to govern its use in litigation. Overall, the tone of the new guidance is to encourage the use of AI, so long as the use is responsible.
For federal courts, however, there seems to be a trend toward stricter, mandatory disclosure and certification or outright prohibition when it comes to court filings. Law360, a product of LexisNexis, has created a website which tracks federal judicial orders on artificial intelligence. For example, U.S. District Judge, Michael J. Newman, of the Southern District of Ohio issued an AI provision as part of the Court’s “Standing Order Governing Civil Cases” which became effective July 14, 2023. In pertinent part, the AI provision states:
“No attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, or Internet search engines, such as Google or Bing. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in their case.”
Similarly, U.S. District Judge, Christopher A. Boyko, of the Northern District of Ohio has issued the “Court’s Standing Order on the Use of Generative AI”. This Order states:
“Pursuant to the Court’s inherent authority and the authority of Rule 11 of the Federal Rules of Civil Procedure, no attorney for a party, or a pro se party, may use Artificial Intelligence (“AI”) in the preparation of any filing submitted to the Court. Parties and their counsel who violate this AI ban may face sanctions including, inter alia, striking the pleading from the record, the imposition of economic sanctions or contempt, and dismissal of the lawsuit. The Court does not intend this AI ban to apply to information gathered from legal search engines, such as Westlaw or LexisNexis, or Internet search engines, such as Google or Bing. All parties and their counsel have a duty to immediately inform the Court if they discover the use of AI in any document filed in their case.”
U.S. District Court Judge, Anne Hwang, of the Central District of California permits the usage of AI but in the Court’s “Standing Order for Civil Cases Assigned to Judge Anne Hwang”, the Order states in pertinent part:
“Artificial Intelligence. Any party who uses generative artificial intelligence (such as ChatGPT, Harvey, CoCounsel, or Google Bard) to generate any portion of a brief, pleading, or other filing must attach to the filing a separate declaration disclosing the use of artificial intelligence and certifying that the filer has reviewed the source material and verified that the artificially generated content is accurate and complies with the filer’s Rule 11 obligations.”
As artificial intelligence becomes more deeply embedded in everyday legal practice, it is unlikely that judicial oversight will recede. Instead, both state and federal courts will continue to confront new questions about accuracy, disclosure, confidentiality, and professional responsibility, often through standing orders, local rules, and case-specific directives. For attorneys, these developments underscore the importance of staying informed and adaptable, as court-issued guidance on the permissible use of AI will increasingly shape how legal work is performed and evaluated in the years ahead.
Lawyers Mutual would kindly request that if you become aware of any court order(s) regarding the usage of AI in any jurisdiction(s) in which you practice, please let us know! We would love to share this information with our readers and your colleagues.
Questions? Contact
Cooperation and Participation: Key Components of Legal Malpractice Defense
When a legal malpractice claim arises, an attorney’s professional liability policy provides an essential safety net. However, that protection is not unconditional. One of the most significant obligations imposed on insured attorney is the duty to cooperate with their insurer throughout the defense of a claim. Failure to do so can jeopardize coverage and the defense at the very moment it is most needed.
Most legal malpractice policies expressly require insureds to cooperate in the investigation, defense, and resolution of claims. This duty typically includes promptly reporting claims or potential claims, providing complete and accurate information, preserving relevant documents, attending depositions and hearings, and assisting defense counsel as requested. Insurers rely on this cooperation to evaluate exposure, develop strategy, and fulfill their contractual obligation to defend.
Problems arise when insureds act independently or inconsistently with the defense being provided. Examples include withholding documents, failing to respond to insurer inquiries, making unilateral admissions, engaging separate counsel without notice, or refusing to participate meaningfully in discovery or settlement discussions. Even conduct that appears well-intentioned—such as attempting to “fix” an issue directly with a client—can undermine the defense and expose the insured to coverage disputes or jeopardize the insurer’s ability to effectively defend the insured. Additionally, prolonged delays, incomplete disclosures, or outright refusal to assist can provide insurers with a basis to limit or deny coverage, particularly where such conduct impairs the defense or increases exposure.
Below is a checklist for any insured to run through when a malpractice claim is made. This list will help you ensure that you are doing your part to effectively cooperate with the insurer and that a positive resolution is reached for you, as the insured.
Insured Cooperation Checklist
1. Immediate Notice and Preservation
- Provide prompt written notice of the claim or potential claim in accordance with policy requirements.
- Do not delay notice while attempting to resolve the matter directly with the claimant or client.
- Preserve all potentially relevant materials, including emails, electronic files, calendars, billing records, and drafts.
- Suspend any routine document destruction policies that could affect claim-related materials.
2. Full and Accurate Disclosure
- Provide complete and truthful information to the insurer regarding the facts, timeline, and procedural posture of the matter.
- Disclose all related matters or prior incidents that could be deemed connected to the claim.
- Avoid minimizing, characterizing, or editorializing facts—stick to objective information.
- Promptly supplement disclosures if new information becomes available.
3. Communication and Responsiveness
- Respond promptly to insurer and defense counsel requests for information or documents.
- Designate a point of contact within the firm to ensure timely and consistent communication.
- Keep the insurer informed of any developments, including related proceedings or client communications.
- Document communications with the insurer and defense counsel for clarity and accountability.
4. Defense Counsel Cooperation
- Cooperate fully with appointed defense counsel, including preparation for depositions, hearings, and trial.
- Make witnesses available as reasonably requested.
- Provide requested documents and records in an organized and timely manner.
- Avoid independent defense strategies without insurer knowledge or consent.
5. Avoid Unilateral Actions
- Do not admit liability, fault, or damages without insurer approval.
- Do not settle or attempt to resolve the claim independently without the insurer’s written consent.
- Do not incur defense costs or retain separate counsel without confirming coverage implications.
- Avoid direct communications with the claimant unless approved by defense counsel.
6. Participation in Strategy and Resolution
- Participate meaningfully in defense strategy discussions when requested.
- Attend mediations, settlement conferences, and meetings as required.
- Consider settlement recommendations in good faith, even if disagreement exists.
- Provide timely authority or feedback when settlement opportunities arise.
7. Ongoing Compliance
- Continue cooperation throughout the life of the claim, not just at its inception.
- Update the insurer on firm changes (e.g., departures, dissolutions, or conflicts) affecting the defense.
- Review policy obligations periodically to ensure ongoing compliance.
For insured attorneys, the takeaway is straightforward: once a claim is made, transparency and collaboration are essential. Early and ongoing communication with the insurer and appointed defense counsel helps protect coverage, strengthens the defense, and minimizes the risk of unnecessary disputes. In the legal malpractice context, cooperation is not merely a contractual formality—it is a critical component of an effective defense strategy.
Questions? Contact
Lawyer Well-Being
Moving Beyond Resolutions to Sustainable Habits
By February, many attorneys find themselves at a familiar crossroads. The optimism of the new year has faded, workloads have intensified, and the winter months can feel especially draining—both mentally and physically. For lawyers, whose profession already carries elevated risks of stress, anxiety, depression, and burnout, February is an ideal time to recalibrate and focus intentionally on well-being.
Lawyer well-being is not a luxury or a soft concept; it is a professional competency. Chronic stress impairs judgment, decision-making, and communication—skills that sit at the core of competent representation. Left unchecked, it can also contribute to substance misuse, physical health problems, and professional dissatisfaction. The legal community has increasingly recognized that protecting lawyer well-being is essential not only for individual attorneys, but also for clients, firms, and the justice system as a whole.
One challenge lawyers face is the tendency to frame well-being as an all-or-nothing endeavor. When ambitious New Year’s resolutions fall apart—whether related to exercise, work-life balance, or mindfulness—many abandon the effort altogether. February offers an opportunity to shift away from rigid resolutions and toward small, sustainable habits that better fit the realities of legal practice.
Simple adjustments can make a meaningful difference. Setting clearer boundaries around availability, even incrementally, helps prevent constant cognitive overload. Scheduling short breaks between meetings or court appearances allows the nervous system to reset. Prioritizing sleep, hydration, and movement may sound basic, but these foundational practices significantly influence mood, focus, and resilience under pressure.
February also coincides with Valentine’s Day, a reminder that connection matters. Lawyers often sacrifice relationships in service of their careers, yet strong personal and professional connections are among the most reliable buffers against burnout. Making time to reconnect with colleagues, mentors, friends, or family—even briefly—can restore perspective and reduce isolation. Well-being is not solely an individual responsibility; supportive workplace cultures play a critical role.
Equally important is addressing the stigma that still surrounds mental health in the legal profession. Seeking support—whether through peer groups, lawyer assistance programs, counseling, or coaching—is a sign of professionalism, not weakness. KYLAP and other legal organizations offer confidential well-being resources tailored specifically to attorneys, and February is an excellent time to explore or re-engage with those offerings.
As winter continues, lawyers should view February not as a failure point for abandoned resolutions, but as a midpoint for intentional course correction. Sustainable well-being is built through consistent, realistic choices that acknowledge both the demands of the profession and the humanity of those who practice it.
By investing in well-being now, lawyers position themselves for greater clarity, effectiveness, and fulfillment throughout the year—benefiting not only themselves, but everyone they serve.
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)!
February 18-20: KCAA Annual Meeting, Lexington
February 21: Polar Bear Plunge, Louisville
March 11-27: KY Legal Food Frenzy
March 12-13: KDC Spring Meeting, Louisville
March 26: UK Family Law CLE, Lexington
April 15: KJA Nursing Home, Zoom
April 15: NKBA Small/Solo Section, Zoom
April 17: KJA Ethics Seminar/Races, Frankfort and Lexington
April 22: KJA Workers’ Comp, Zoom
April 22-23: AAML, Louisville
April 24: KJA Business Side of Law, Zoom
April 28: KJA Bad Faith, Zoom
April 28: NKBA AI Series, Covington
April 29-30: UK Equine Law, Lexington
April 30: KJA Rules of Civil Procedure, Zoom
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.