CLE
Avi Aiken Fernandez
Avi Aiken Fernandez Attorney
Navigating Gen AI Avoiding the Pitfalls of Legal Practice in the Digital Age
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Navigating Gen AI: Avoiding the Pitfalls of Legal Practice in the Digital Age

This professional responsibility and technology ethics-based session provides a comprehensive analysis of the procedural risks and emerging 2026 case law surrounding Generative Artificial Intelligence (GenAI) in U.S. court systems. Utilizing the speaker’s proprietary “3C’s of GenAi* in Legal,” participants will practice identifying the essential guideposts — anchored in ABA Model Rules and FRCP Rule 11 — to establish protocols and navigate the non-compliance pitfalls of modern practice.

Agenda:
  • Intro and Overview
    • Understanding the foundations and framework of artificial intelligence (AI), GenAI, AgenticAI
    • Definitions of AI, GenAI, and AgenticAI
    • Why are we using GenAI

  • Mata v. Avianca, Inc., No. 1:2022cv01461, (S.D.N.Y. 2023)
    • Facts, holding, key takeaways

  • Anchoring Your Practice With the 3C’s of GenAi for Legal
    • Competence [Model Rule 1.1], Client-Centered [Model Rule 1.6], Courts [Model Rule 3.3]
    • Federal Rule of Civil Procedure 11

  • 2026 Cases and What We Can Learn From Them
    • Fletcher v. Experian Info Solutions, No. 25-20086, 2026 WL 1032549 (5th Cir. Feb. 18, 2026)
    • Gardner v. Nationstar Mortgage LLC et al, No. 2:2025cv02828 (D. Ariz. Jan. 9, 2026)
    • Lexos Media IP, LLC v. Overstock.Com, Inc., No. 2:22-cv-02324 (D. Kan. Feb. 2, 2026) (Doc. 214)
    • Washburn v. Houston, No. 1 CA-CV 24-0315 FC (Ariz. Ct. App. Jan. 2, 2026)
    • Hodges v. Meridian Waste Acquisitions, LLC et al (3:25-cv-00062) District Court, (M.D. Florida Feb 03, 2026) and Rieske v. Accounting Fulfillment Services LLC et al, (5:25-cv-00045) District Court, (M.D. Florida Feb. 03, 2026)
    • Allen v. Experian Information Solutions, Inc., et al, No. 2:25-cv-00404, 2026 WL (D. Idaho 2026)

  • Recap / Takeaways
    • Remember the 3C’s of GenAi for Legal with specific tie-ins to 2026 cases
    • Federal Rule of Civil Procedure 11
    • Local Rules (that mirror ones covered)

  • Q&A (As Time Permits)
Read More
Duration of this webinar: 90 minutes
Originally broadcast: May 12, 2026 9:30 AM PT
Webinar Highlights

This webinar is divided into section summaries, which you can scan for key points and then dive into the sections that interest you the most.

AI and Its Implications
Avi Aiken Fernandez, the speaker, discusses the importance of cautious and ethical representation in legal practice, emphasizing the need for personal responsibility. She explains the differences between AI, generative AI, and agentic AI, highlighting their applications and potential risks. Avi addresses reasons for the appeal of AI in the legal profession, including stress, burnout, and the need for efficiency.
Case Study: Mata v. Avianca
The Mata v. Avianca case is explored in detail, highlighting the procedural background and legal missteps involved. Generative AI, specifically ChatGPT, was used by an unadmitted attorney for legal research, leading to inaccurate case citations. The court's investigation revealed that the cited cases were non-existent or misrepresented, resulting in sanctions against the attorneys. The case underscores the importance of verifying AI-generated outputs and maintaining professional responsibility in legal practice.
The Three Cs Framework
Avi highlights the increasing prevalence of AI-related issues in legal cases and the importance of understanding AI's limitations. The three Cs framework is introduced: competence, client-centered practice, and courts, emphasizing personal accountability. Avi reviews ABA Model Rules, focusing on competent representation, client confidentiality, and candor to the court. She stresses the need for attorneys to conduct thorough research and verify information before submitting it to the court.
Recent Cases and Lessons Learned
Avi presents recent cases illustrating the pitfalls of using generative AI in legal practice, emphasizing the need for caution. She discusses the consequences of inaccurate AI-generated legal documents, including sanctions and reputational harm. The importance of verifying AI outputs and maintaining professional diligence is reiterated, with examples from various cases. Avi highlights the responsibility of attorneys to ensure the accuracy of legal documents, regardless of the tools used. She discusses the broader implications of AI misuse, including potential harm to clients.
Concluding Q&A
Avi advises on topics such as selecting AI tools, recommending paid versions for professional purposes to reduce risks. The importance of understanding AI's predictive nature and the need for human oversight in correcting errors are emphasized. Avi notes that judges take varying approaches to AI issues but tend to be less tolerant of attorneys making mistakes that were previously made by other attorneys.

Please note this AI-generated summary provides a general overview of the webinar but may not capture all details, nuances, or the exact words of the speaker. For complete accuracy, please refer to the original webinar recording.

Speaker
Avi Aiken Fernandez

Avi Aiken Fernandez is an accomplished attorney, legal scholar, and political scientist who explores the convergence of emerging technology, law, and leadership. Her current research focuses on the critical issues of anticipatory governance of Artificial Intelligence (AI) and how judicial institutions can be strengthened to better serve the public interest and maintain trust in a rapidly evolving technological landscape. Read More ›

Continuing Legal Education (CLE) Credits

*CLE credit is only available to Justia Connect Pros. Not a Pro? Upgrade today>>

Alabama CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Ethics

Earn Credit Until: December 31, 2026

Alaska CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Ethics

Earn Credit Until: May 11, 2031

California CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Technology in the Practice of Law

Earn Credit Until: June 30, 2026

Delaware CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Enhanced Ethics

Earn Credit Until: December 31, 2026

Hawaii CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Ethics

Earn Credit Until: May 11, 2028

Illinois CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention

Earn Credit Until: May 11, 2028

Nebraska CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Professional Responsibility

Earn Credit Until: May 12, 2028

New Jersey CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.80 Ethics/Professionalism

Earn Credit Until: May 11, 2027

North Carolina CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Ethics

Earn Credit Until: February 28, 2027

Ohio CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Attorney Professional Conduct

Earn Credit Until: December 31, 2026

Pennsylvania CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Ethics, Professionalism, or Substance Abuse

Earn Credit Until: May 11, 2028

Texas CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Legal Ethics/Professional Responsibility

Earn Credit Until: April 30, 2027

Utah CLE

Status: Approved

Format: On-Demand

Credits: 1.50 Ethics

Earn Credit Until: December 31, 2026

Vermont CLE

Status: Approved

Format: Live (Virtual), On-Demand

Credits: 1.50 Ethics

Earn Credit Until: May 12, 2031


This presentation is approved for one and a half hours of Ethics CLE credit in Alabama, one and a half hours of Ethics CLE credit in Alaska, one and a half hours of Technology in the Practice of Law CLE credit in California, one and a half hours of Enhanced Ethics CLE credit in Delaware, one and a half hours of Ethics CLE credit in Hawaii, one and a half hours of Professional Responsibility - Ethics / Civility / Professionalism / Sexual Harassment Prevention CLE credit in Illinois, one and a half hours of Professional Responsibility CLE credit in Nebraska, one and a half hours of Ethics CLE credit in North Carolina, one and a half hours of Attorney Professional Conduct CLE credit in Ohio, one and a half hours of Ethics, Professionalism, or Substance Abuse CLE credit in Pennsylvania, one and a half hours of Ethics CLE credit in Utah, and one and a half hours of Ethics CLE credit in Vermont. This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 1.80 hours of total CLE credit. Of these, 1.80 qualify as total hours of credit for Ethics/Professionalism. This course has been approved for Minimum Continuing Legal Education credit by the State Bar of Texas Committee on MCLE in the amount of 1.50 credit hours, of which 1.50 credit hours will apply to Legal Ethics/Professional Responsibility credit.

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