AI ETHICS B. Use of AI in Defense
Defenders can use AI for defender-specific work, from internal office operations to evidence review to courtroom advocacy. Understanding these use cases helps defenders identify where AI might improve efficiency without compromising ethical obligations. Although this section discusses multiple forms of artificial intelligence (i.e., GenAI tools v. traditional, non-generative tools), the analysis is intentionally broad to provide guidance for using different types of tools. The ethical concerns that arise from AI use often turn less on the specific model or system than on how, where, and why the model or system is deployed. Accordingly, the discussion that follows treats AI as a general category of support and automation tools and emphasizes recurring risks and safeguards that cut across different tools and use cases.
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Operations
AI can streamline many administrative and preparatory tasks within a defense practice. Chatbots and virtual assistants can handle initial client intake, gathering basic information before an attorney becomes involved. AI-powered transcription services can convert audio recordings — including client interviews, witness statements, jail recordings, and court proceedings — into searchable text. Document automation tools can generate routine correspondence, fee agreements, and standard motions from templates. Legal aid organizations across the country are adopting AI-powered case management software and other tools at almost twice the rate reported across the wider legal profession, and these tools can now conduct initial client interviews, gathering basic information about legal problems, applying eligibility criteria, and producing structured summaries for staff review. 36 These systems operate around the clock, meaning a client served with an eviction notice or facing charges can begin the intake process at midnight rather than waiting days for a callback during business hours. For offices serving large geographic areas, this also extends reach to rural clients who may be unable to travel for in-person interviews. 37 For example, in 2023 the Los Angeles County Public Defender’s Office partnered with Amazon Web Services to develop a custom pipeline that is to reduce manual data entry from documents by up to 85%. 38 The new system makes all documents searchable and proactively alerts defenders to filings from law enforcement, courts and the district attorney’s office. It ingests scanned PDFs, classifies useful pages, extracts agency-specific information, and allows staff to verify results through a user interface. The office’s Chief Information Officer described: “When we did the first presentation to a group of attorneys, you should have seen their faces. It identified the summary sheet, got the relevant charges
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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