Ethics of Artificial Intelligence For Lawyers: I’m Sorry Dave, I’m Afraid I Can’t Do That: Competence, Confidentiality, And Communication

January 2026 by Cliff McKinney |

In Stanley Kubrick’s 2001: A Space Odyssey, the spaceship’s onboard computer, HAL, calmly refuses to follow the astronaut’s command wiht the chilling words, “I’m sorry, Dave, I’m afraid I can’t do that.” HAL’s response has become a cultural shorthand for what happens when human expectations collide with machine limitations. The line endures because it captures the chilling reality that machines may appear capable, but they cannot always be trusted to act in ways humans expect or need.

Lawyers today face a similar dilemma when using artificial intelligence. Artificial intelligence tools can draft memos, summarize discovery, and even generate arguments, but the tools cannot replace the independent judgment, candor, and ethical responsibility that define the practice of law. In July 2024, the American Bar Association issued Formal Opinion 512 as the first comprehensive attempt to guide lawyers in the use of artificial intelligence.

The above is an excerpt of an article published in January 2026 in Arkansas Law Notes. This is the second installment of a nine-part series on the use of artificial intelligence in the legal profession. You may click the link below to read the full article.

A managing member of Quattlebaum, Grooms & Tull PLLC, Cliff McKinney speaks nationwide on the rapidly evolving role of AI in law practice, covering cutting-edge tools, prompt engineering, ethical obligations, risk management, and actionable strategies lawyers can implement immediately. He has presented for organizations including the American Bar Association (ABA) and the American College of Mortgage Attorneys (ACMA), and has written extensively on AI for ACMA, USLAW, and the Arkansas Law Review. Mr. McKinney holds a Prompt Engineering Specialization certification from Vanderbilt University and is a Fellow of both the American College of Real Estate Lawyers and the American College of Mortgage Attorneys.

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