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Colorado Wrote an Exemption for a Tool That No Longer Exists
Colorado's SB 26-189 exempts AI tools used solely to 'summarize, organize, translate, draft, route, or present information for human review.' That exemption was drafted for a model of AI use—ask a question, get an answer, review the answer—that the legal technology market has already moved past. The tools law firms are buying don't summarize information for lawyers. They make the analytical choices that determine what gets summarized, in what order, and with what emphasis.
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The Disclosure Patchwork
Illinois says courts should not require lawyers to disclose AI use. Florida circuits mandate it on the face of every filing. Hundreds of federal judges have issued individual standing orders, no two identical. The profession has spent three years arguing about whether disclosure is necessary without asking what disclosure is for — and the answer has less to do with catching errors than with enabling the people who review AI-assisted work to do their jobs.
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Colorado Wants to Regulate Your AI — and You Are the Deployer
Colorado's AI Act takes effect on June 30, and its deployer obligations apply to anyone who uses AI as a substantial factor in consequential decisions — including law firms. 'Legal services' is one of the statute's eight enumerated categories. Most of the legal profession has not grappled with the fact that it is on the regulated side of this law.
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The API Is Not a Compliance Strategy
Using an LLM through an API rather than a consumer chatbot improves your data-handling posture — sometimes dramatically. But an API alone does not satisfy FERPA, HIPAA, or any other regulatory framework, and treating it as though it does mistakes a technical control for a legal one.
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