At what point does not using AI become the competence problem?
I was thinking about how the use of AI might invert itself. It might soon turn into a requirement.
Most of the ethics discussion around lawyers and AI has focused on misuse: hallucinated cases, confidentiality problems, inadequate supervision, bad research.
That makes sense.
But theres a more difficult question.
ABA Model Rule 1.1 requires competent representation. Comment 8 specifically says maintaining competence includes keeping abreast of the “benefits and risks associated with relevant technology.” And Formal Opinion 512 says lawyers using generative AI need a reasonable understanding of the capabilities and limitations of the particular technology.
Competence does not mean avoiding new technology.
Imagine two lawyers handling the same document-heavy matter.
Lawyer A reviews 8,000 pages manually.
Lawyer B uses an appropriate AI tool to identify patterns, organize the record, and surface potentially important material, then independently verifies the results.
Suppose Lawyer B finds something material that Lawyer A misses.
At what point does “I don't trust AI” stop being professional caution and start looking like “I don't use computerized legal research”?
I don't think we're there yet across the profession. AI reliability varies enormously by tool and task, and some uses remain a terrible idea. Formal Opinion 512 itself emphasizes independent verification and lawyer judgment.
But competence has never meant using the methods you are most comfortable with. It means providing competent representation under the circumstances.
So here's the question I suspect bar regulators will eventually have to answer:
Can a lawyer someday commit malpractice by failing to use AI?