May 27, 2026
VSB Seeks Comment on Proposed Legal Ethics Opinion 1902, Duties When Opposing Counsel Fails to Review and Correct Generative Artificial Intelligence (AI) Outputs
The Virginia State Bar’s Legal Ethics Committee seeks public comment on proposed Legal Ethics Opinion 1902: Duties When Opposing Counsel Fails to Review and Correct Generative Artificial Intelligence (AI) Outputs; Diligence; Competence; Duty to Report.
The proposed opinion addresses whether a lawyer’s duties of diligence and competence require the lawyer to identify misstatements of law or fact in an opponent’s court filing and advise the court. The opinion also discusses the factors requiring the attorney to report opposing counsel to the state bar for disciplinary proceedings if the attorney has reliable information that opposing counsel has filed a pleading including AI-hallucinated misstatements of law or fact.
Inspection and Comment
The proposed opinion is available at the link below.
Any individual, business, or other entity may file or submit written comments in support of or in opposition to the proposed opinion with Janet Van Cuyk, Acting Executive Director of the Virginia State Bar, not later than July 10, 2026. Comments may be submitted via email to [email protected].
View proposed LEO 1902 (pdf)