In a landmark decision that could shape the future of artificial intelligence in law, a Minnesota federal court has provided crucial guidance on integrating AI tools in litigation practice. The January 2025 ruling in Kohls v. Ellison, which centered on Minnesota’s deepfake law, offers a nuanced examination of AI’s role in legal proceedings by analyzing two contrasting expert declarations.
A Tale of Two Declarations
The court’s ruling presents a compelling study in contrasts through its treatment of two expert declarations. Professor West of the University of Washington’s Center for an Informed Public demonstrated how AI can effectively enhance legal practice while maintaining professional standards. His declaration, which analyzed deepfake technology and its societal impacts, was admitted because it adhered to rigorous verification protocols despite being AI-assisted.
In stark contrast, the court excluded Stanford AI and misinformation expert Professor Hancock’s declaration because it included unverified, AI-hallucinated citations generated by GPT-4. This exclusion proved particularly significant, given that the declaration was submitted under penalty of perjury. It underscores that even leading experts in the field must maintain strict verification standards when utilizing AI tools.
Setting New Standards for AI in Legal Practice
The ruling establishes a clear framework for AI adoption in the legal field while emphasizing several key principles:
- The court explicitly acknowledges AI’s potential to “revolutionize legal practice for the better,” marking a significant judicial endorsement of technological innovation in law.
- Under Rule 11’s “reasonable inquiry” standard, attorneys may now need to:
- Specifically, inquire whether experts and witnesses used AI in preparing declarations
- Document the verification steps taken for AI-generated content
- Maintain detailed records of AI use in legal documents
- While embracing AI’s capabilities, the court emphasizes that technology cannot replace professional judgment and thorough verification processes.
Implications for Legal Practice
This decision represents a pivotal moment in the evolution of legal practice. It provides a balanced approach that embraces technological advancement while maintaining professional standards. The ruling suggests that successful AI integration in law requires:
- Implementation of comprehensive verification protocols for AI-generated content
- Clear documentation of AI use in legal documents
- Maintenance of traditional professional standards alongside technological innovation
- Recognition that AI serves as a tool to enhance, not replace, legal expertise
Looking Forward
The Kohls v. Ellison decision marks a significant milestone in the legal profession’s adaptation to artificial intelligence. By providing clear guidelines for responsible AI implementation while affirming its transformative potential, the court has helped chart a course for the future of legal practice. This balanced approach suggests that the most successful legal professionals will be those who can effectively leverage AI’s capabilities while maintaining an unwavering commitment to professional responsibility and ethical standards.
The ruling demonstrates that the legal profession stands at a crucial junction where technology and tradition must find common ground. As AI tools become increasingly sophisticated, this decision will likely serve as a foundational reference point for courts and practitioners navigating the integration of artificial intelligence into legal practice.