New Federal Circuit AI Rules Stress Strong Human Oversight - Law360

Oh, splendid. The Federal Circuit and Family Court has graced us with 'instructions' on AI use in court proceedings, because nothing says 'trust the legal system' like a document telling lawyers to 'ensure accuracy' and 'protect confidentiality' as if these weren't already professional obligations. One almost expects the next guidance to remind barristers not to set fire to the evidence. The instructions require lawyers to check AI-generated material for errors before submitting it — a task that would be laughable if the consequences weren't potentially life-ruining for litigants.

The court's 'strong human oversight' framing is particularly rich coming from a judiciary that has consistently been behind the curve on technology. The Federal Circuit and Family Court handles family law matters — custody battles, divorces, property splits — precisely the kind of high-stakes emotional terrain where a hallucinated citation or a breached confidentiality could cause irreparable damage. And the solution is... a memo? A few bullet points telling lawyers to be careful? How very British (or rather, Australian) — a stiff upper lip and a paper directive in the face of a machine that confidently invents caselaw.

The confidentiality requirement is especially amusing, given that the default mode for most commercial AI tools involves uploading data to servers that the lawyers don't control. The court is essentially banning half the AI products on the market while offering no guidance on compliant alternatives. Meanwhile, the tech companies selling these tools will undoubtedly release 'court-approved' versions with higher price tags. So we get performative oversight that shifts liability to individual lawyers, while the systemic issues — lack of auditability, opaque training data, and incentives to cut corners — remain untouched. Lovely. Another box ticked on the 'doing something' checklist.