Oklahoma court warns attorneys about AI use in legal filings
Updated: 4:15 PM CST Feb 20, 2026
Oklahoma's highest criminal court now requires attorneys to review and verify any filing assisted by AI before it hits the docket. If you don't, the court can strike your filing or even hold you in contempt.
There's no ban on using AI for research. The issue is unedited AI-written motions and briefs that slip errors, fake citations, or misstatements into the record.
As legal analyst Ed Blau put it: "Whenever an attorney puts his or her name on anything, they're responsible for what's on the document. And the use of AI without any further proofreading, without any further research, just shows the laziness on part of the attorney, and it shows that the accuracy of what is in their documents is not important to them."
What the rule requires
- You may use AI to help draft, but a human attorney must review and verify the filing before submission.
- Non-compliance can trigger sanctions, including striking the filing or contempt.
- Responsibility is unchanged: your signature equals accountability for every fact, cite, and representation.
A quick human-in-the-loop checklist
- Validate every fact against the record and client file. No assumptions. No "model says."
- Shepardize/KeyCite every case and confirm quotes against the source. Watch for hallucinated citations.
- Check jurisdiction, posture, and procedural fit. Don't let AI import the wrong standard.
- Rewrite for accuracy and tone. If you wouldn't say it in court, don't file it.
- Remove confidential or privileged details from AI prompts and your draft history where possible.
- Document your verification steps. If questioned, you can show your process.
Enforcement and risk
The court made the remedy clear: filings can be tossed, and counsel can face contempt. Beyond that, you risk client harm, fee write-offs fixing defective work, and credibility hits with the bench.
Wider AI concerns raised by state leaders
House Speaker Kyle Hilbert flagged rising risks outside the courtroom, from elections to education. "There's going to come a time where there's an ad or video circulating on social media and the general public doesn't know, 'Did that particular candidate for governor did they actually say that or is it fake?' and then on the flip side, 'Oh, that wasn't me, I never said that. That was all AI-generated.'"
Oklahoma Bar Association guidance
The OBA has been tracking AI in law practice, hosting its first AI conference in 2024 and issuing practical guidance last October after a federal court order clarified AI use. You can review the OBA tip sheet here: OBA AI Tip Sheet (Oct. 2025).
OBA's Management Assistance Program Director Julie Bays continues to brief lawyers on effective, ethical workflows so members stay aligned with court expectations.
Practical next steps for your firm
- Adopt a written AI use policy with a mandatory human verification step before filing.
- Limit which tools can be used and how. Prefer tools with citation controls and confidentiality safeguards.
- Train associates and staff on cite-checking AI output and documenting review.
- Add a pre-filing checklist to your DMS or matter template so the step is never skipped.
Helpful resources
- AI for Legal - Practical workflows for research, drafting, and review with human verification.
- AI Learning Path for Paralegals - Training for the teams who prep citations, exhibits, and draft sections before attorney sign-off.
Bottom line: Use AI as a tool, but file only what you've personally verified. Your signature still carries the weight.
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