Document Type

Article

Publication Date

3-2026

Keywords

artificial intelligence, AI, duty of candor, duty of supervision, and duty of fairness in fees, ABA Formal Opinion 512, Model Rule= 3.1, Model Rule 3.3, Model Rule 8.4, Model Rule 5.1, Model Rule 5.3, Model Rule 1.5

Abstract

In Star Trek: The Next Generation, the Borg deliver their iconic warning to every species they encounter: “Resistance is futile.” The line resonates because it conveys the inevitability that once the Borg arrive, escape is no longer an option.

For lawyers, the duties of candor, supervision, and fairness in fees are just as inescapable. ABA Formal Opinion 512 (“ABA Opinion”) makes clear that, regardless of how powerful artificial intelligence becomes, it cannot relieve attorneys of their obligation. Attorneys must verify what they file, oversee how their colleagues use the technology, and ensure that clients are charged fairly. This installment examines those three pillars, showing how courts and the ABA are making plain that ethical rules still govern.

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