Extract from Michael J. Epstein’s article, “AI In The Courtroom: The Rules Are Coming, Just Not How Lawyers Expect.”
The question isn’t when courts will ‘catch up.’ It’s whether lawyers understand that, in many ways, they already have.
The legal profession is waiting for clarity.
It wants rules. Bright lines. A defined set of dos and don’ts for using artificial intelligence in legal work. Something concrete that says, “This is acceptable,” and “This is not.”
But that’s not how this is going to unfold.
If the last year has taught us anything, it’s that courts are not rushing to create an entirely new regulatory framework for AI. Instead, they are doing something far more consequential. They are applying existing ethical rules to new technology — and in the process, quietly raising the standard.
