Cross-Examining the Algorithm: Guardrails for AI-Assisted Expert Opinion
publication | November 2, 2026
As artificial intelligence reshapes litigation, the question is no longer if courts will regulate its use, but how.
In the October issue of DRI’s For the Defense, Hollingsworth LLP attorneys Shannon Proctor and Annie Czyzewski Farr examine the evolving standards governing experts and AI. They break down recent case law, ethical obligations, and what litigators must do to meet admissibility standards.
For example, expert opinions relying on AI must still satisfy Federal Rule of Evidence 702 and state equivalents. Blindly accepting AI-generated results, failing to verify methodologies, or citing hallucinated sources should lead to exclusion. While AI is not banned in expert work, courts draw a sharp line between compliant utilization and misuse.
Attorneys should know whether a retained expert is using any AI tools, how those tools are being used, and stay updated on local court rules and state bar limitations. The use of AI is here to stay, but its proper application requires vigilance. As the authors emphasize, AI must serve to support—not replace—sound professional judgment.