September 2026 by J. Cliff McKinney II |
AI is rapidly changing the practice of law. It is embedding itself into the systems lawyers already use every day, including Microsoft Office, Westlaw, Lexis, and others. Lawyers are already using AI tools to draft documents, analyze issues, brainstorm strategies, and test arguments. Lawyers must learn important technical skills to use AI effectively, such as prompt engineering. But lawyers also must learn to use AI ethically and in compliance with the Rules of Professional Responsibility.
Courts are already confronting a growing number of cases involving lawyers who misuse AI. The most common misuse involves hallucinated citations, which are cases or authorities that do not exist but are presented as law. Other issues are beginning to emerge as well, including failures in supervision, risks to confidentiality, client communication, and questions about billing practices.
The above is an excerpt of an article published for Probate & Property, a publication of the American Bar Association’s Real Property, Trust and Estate Law Section. 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), the American College of Real Estate Lawyers (ACREL), 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.