AI In The Courtroom: The Rules Are Coming, Just Not How Lawyers Expect

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Michael J. Epstein, managing partner of The Epstein Law Firm, P.A., addresses the evolving rules surrounding artificial intelligence in legal practice in an Above the Law article examining how courts are responding to lawyers’ use of AI.

Epstein explains that courts are not necessarily waiting for an entirely new regulatory framework. Instead, existing professional obligations—including competence, diligence, candor, and supervision—are increasingly being applied to attorneys’ use of AI. As courts confront problems involving AI-assisted legal work, the central issue is often whether lawyers adequately reviewed and verified what they submitted.

The article also examines how AI oversight may develop through a combination of existing ethical duties, court-specific requirements, bar association guidance, disclosure or certification rules, and targeted sanctions. Epstein emphasizes that law firms will also need effective internal policies, training, and review procedures as adoption of AI tools accelerates.

For smaller firms in particular, the article highlights the importance of careful verification and responsible implementation, since the same professional obligations apply regardless of firm size. Rather than waiting for a single comprehensive rulebook, Epstein encourages attorneys to recognize that standards for AI use are already taking shape through court decisions and professional expectations.

Read the full coverage here.

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