The Chief Justice of the South Carolina Supreme Court has issued a landmark order regulating how artificial intelligence (AI) may be used within the state’s judicial branch. The Interim Policy on the Use of Generative Artificial Intelligence, issued March 25, 2025, acknowledges both the potential and the risks of AI while placing strict guardrails for judges, clerks, and court employees.

Who Must Follow These New AI Rules?

This policy applies to judicial officers and employees, including justices, judges, clerks, attorneys, law clerks, interns, IT staff, and administrative employees, whether paid by state or local funds.  It doesn’t regulate private attorneys or litigants directly, but it does remind all parties with cases in South Carolina courts that they have to comply with existing rules of client confidentiality and professional responsibility when using AI.

Critical AI Compliance Requirements for South Carolina Lawyers

  • Use Restrictions - Judicial employees may only use generative AI tools that are formally approved by the Supreme Court or Court Administration. Personal devices and unapproved applications are not allowed.
  • Human Oversight is Required - AI may not draft memoranda, orders, or opinions without direct human supervision. Content from AI cannot be relied upon as authoritative or used verbatim.
  • Confidentiality Protections - Court employees are prohibited from uploading confidential records or privileged communications into AI tools unless explicitly authorized and compliant with security policies.
  • Permitted Uses – Use of AI must be limited to such tasks as editing, idea generation, or software development, provided risks are identified and documented.
  • Training and Enforcement - The Judicial Branch will implement training programs, and violations of the policy may result in discipline.
  • Guidance for Lawyers and Litigants - While this order is not directly binding on private practitioners, it does warn that lawyers must ensure AI use does not compromise client confidentiality or violate the South Carolina Rules of Professional Conduct.

Why This Matters for the Legal Profession

With this order, South Carolina joins the ranks of many states across the country that are dealing with the role of AI in the courts.  It demonstrates both the benefits in terms of efficiency, drafting assistance, and improved access to information, as well as the risks of inaccuracy, bias, data security breaches, and ethical pitfalls that generative AI has to offer in the practice of law.

For legal professionals, the order makes it clear that AI can be a helpful tool, but that it is no substitute for human judgment, common sense, legal expertise, and professional ethics.

Best Practices for Lawyers and Litigants Using AI

  • Verify Everything – AI Output should be treated as a starting point, not as a final product.  It’s important to cross-check facts, citations, and arguments with trusted sources.
  • Protect Confidentiality – it’s important never to upload privileged or client-sensitive information to AI tools without clear authorization and safeguards.
  • Use Secure Platforms – Use vetted, enterprise-level AI systems that have contractual privacy protections.
  • Document your AI Use – Keep a record of how and when AI is used
  • Human Oversight – All content, legal arguments, filings, and strategic decisions are made by licensed attorneys, not AI.  Review any content generated by it for accuracy and legality.
  • Keep Up-To-Date – Pay attention to changing rules from courts and bar associations in regards to AI use in order to stay compliant.
  • Educate Your Staff and Clients – Train your legal professionals on the risks and benefits of AI, and consider informing your clients of your firm policies regarding AI in order to build transparency and trust.

Contact Our Experienced Legal Team

The South Carolina Supreme Court's order sets cautious but clear expectations: AI is here to stay in legal practice, but only careful, ethical, and transparent use will stand up to judicial scrutiny.

If you need legal representation that combines cutting-edge efficiency with time-tested legal expertise, contact our experienced attorneys today. We're here to help you navigate complex legal challenges while ensuring full compliance with all professional and ethical requirements.