After reading news reports about attorneys writing briefs using artificial intelligence that fabricated case precedent, Judge Michael Baylson of the U.S. District Court for the Eastern District of Pennsylvania was one the first federal judges to write standing orders on the use of AI. He requires all attorneys disclose if they’ve used AI to write their briefs, and to certify that they’ve checked each citation.

He’s also advocated for reforming cross-border discovery procedures to help deal with the challenges of getting evidence that’s stored in a different country. In his own courtroom, he’s seen first-hand the need to address the issue as corporations continue to grow an international presence and more documents are created and stored digitally. Judge Baylson wants to amend the Federal Rules of Civil Procedure to create a framework for requesting overseas evidence. The changes would include a requirement that attorneys give judges a heads-up as to what can be a lengthy process. 

We asked Judge Baylson about writing instructions for lawyers and jurists with the future of litigation in mind, how technology is changing the way law is practiced, and the history of his own legal career.