PROFESSIONALISM CORNER
PROFESSIONALISM CORNER
MARK R. OSHEROW
The Legal Profession at a Crossroads: Artificial Intelligence, Transformation, and the End of Denial( Continued)
Yet this transformation also carries risks. Not all AI is reliable. Generative tools can hallucinate citations. Poorly trained systems may embed biases in predictive outcomes. Lawyers must remain vigilant in validating AI outputs and avoiding over-dependence. As Rule 4-5.3 of the Florida Rules of Professional Conduct makes clear, the ethical duty to supervise nonlawyer assistants extends to AI tools. If an algorithm flags the wrong document as privileged, misclassifies a key exhibit, or redacts sensitive data improperly, the responsibility ultimately rests with counsel.
The procedural framework now in place in Florida reflects this dual imperative— embrace the tools, but own the process. Rule 1.200, which governs case management conferences, now encourages courts to address ESI preservation, privilege issues, and discovery formats early in the case lifecycle. The rule anticipates a litigation culture where these issues are not deferred or avoided, but discussed candidly and strategically, ideally with the help of technology.
Florida’ s summary judgment standard now mirrors the federal Celotex framework, following the Florida Supreme Court’ s landmark decision in Wilsonart, LLC v. Lopez, 308 So. 3d 961( Fla. 2020)( adopting the federal summary judgment standard articulated in Celotex Corp. v.
Catrett, 477 U. S. 317( 1986), and holding that conclusive video evidence does not automatically entitle a party to summary judgment under Florida law but may support summary judgment under the federal approach, now adopted in Florida). That decision— and the subsequent rule amendment— illustrates a growing judicial willingness to weigh video evidence, structured data, and AI-enhanced exhibits as credible grounds for early resolution. In fact, judges are increasingly signaling an expectation that counsel will come to hearings equipped with data, visuals, and argumentation generated through advanced tools. The courtroom of the near future will not simply tolerate AI— it will expect its presence.
Beyond trial, AI is transforming how firms relate to clients. Litigation budgets are increasingly generated by predictive analytics based on past case performance. Engagement agreements now routinely include clauses about ESI obligations, data hosting, and technology-assisted review. Clients are demanding transparency, efficiency, and outcome forecasting that are only feasible through data-driven legal practice. The days of open-ended hourly billing without technological justification are dwindling.
Even law schools and bar organizations are beginning to respond. The American Association of Law Schools( AALS) recently reported a 40 % increase in AIrelated course offerings. Still, the pace of educational reform lags behind the realities of practice. New lawyers often enter the profession more prepared to write memos than to supervise privilege review software. The profession must accelerate training in AI literacy, ethics, and practical deployment— not as a niche skillset, but as part of foundational competence.
As the legal profession grapples with this transformation, one truth becomes clear: denial is no longer a viable strategy. Lawyers cannot wait for AI to“ settle down” or become“ standardized.” That moment has passed. Artificial intelligence is evolving in real time, and with it, the expectations of courts, clients, and colleagues.
To borrow again from Gates’ s observation, if humans are not needed for“ most things,” then our focus must shift to what we are uniquely qualified to do: exercise judgment, advocate for fairness, safeguard ethics, and oversee complexity. While we may engage in philosophical debate, one truth remains evident: these are not tasks to be surrendered to machines. They are the new core of legal practice in the age of AI.
And so, we stand at the edge of a redefined profession. Those who accept the transformation— who learn to partner with
PALMBEACHBAR. ORG 20 technology, who adapt their strategy, and who deepen their ethical engagement— will shape the future of law. Those who resist will not simply be outmoded. They will become irrelevant. And that day is approaching faster than we might think.
BECOME A PBCBA ANNUAL SPONSOR
Make your mark and gain unparalleled exposure by becoming an annual sponsor for the Palm Beach County Bar Association. Strengthen your brand recognition, forge invaluable connections with legal professionals, and demonstrate your unwavering support for the local legal community.
Join us in shaping the future of the legal landscape while elevating your business to new heights of success.
For more details, please visit: www. palmbeachbar. org / sponsorship