Kentucky

formal

Kentucky Bar Association Ethics Opinion KBA E-457 (March 2024)

Summary

Kentucky Bar Association Ethics Opinion E-457 (March 2024) takes one of the strongest competence positions of any state bar opinion, stating that failing to use an available AI tool "may constitute a failure to meet the lawyer's duty of attaining and maintaining competence." It is labeled "interim" while the KBA Task Force on Artificial Intelligence continues its work. No court-wide AI standing orders exist in Kentucky.

Applicable ABA Model Rules

Rule 1.1
Rule 1.4
Rule 1.5
Rule 1.6
Rule 3.3
Rule 5.1
Rule 5.2
Rule 5.3

Carrier Implications

Lawyers Mutual of Kentucky (LMICK) has published 2025-2026 AI risk articles recommending all AI work product be reviewed and verified by a licensed attorney before client disclosure, consistent with E-457. Failure to verify AI outputs, safeguard confidential information, or supervise staff AI use are conditions carriers flag as potentially coverage-limiting.

This summary is informational only. Verify the primary source before relying on this entry. Bar rules differ meaningfully by state. Consult a licensed attorney in your state.

KBA E-457 (March 15, 2024) is operationally specific and addresses competence, confidentiality (with a “hypo prompt” rule), candor, fees, supervision, and the circumstances requiring client disclosure. Lawyers must safeguard client information, must not identify clients in AI queries, and may use hypotheticals only if there is no reasonable likelihood anyone could identify the client or matter. All AI-generated authorities submitted to courts must be verified before filing, and the opinion explicitly cites Mata v. Avianca as the predicate concern.

The opinion requires firms (including solo practitioners) to establish AI policies under SCR 3.130(5.1). Routine AI-generated research does not require client disclosure, but disclosure and informed consent are required when work is outsourced to a third-party AI provider that will receive confidential information, when the client is being billed for AI tool costs, or when court rules require disclosure. The opinion is explicitly interim while the KBA Task Force on Artificial Intelligence continues its work.

Bottom line for a 5-50 attorney Kentucky firm: KBA E-457 is operationally specific. Lawyers Mutual of Kentucky (LMICK) is the key carrier for monitoring underwriting guidance.

Last verified: April 24, 2026