AI ETHICS The Model Rules of Professional Conduct demand neither uncritical embrace of AI nor willful ignorance of it. Defenders who rush to adopt AI without understanding its limitations risk harming their clients, and those who reject it out of discomfort with an unfamiliar technology risk falling irretrievably behind. They leave their clients at a systematic disadvantage against AI-equipped prosecutors. This white paper advocates for informed, ethical engagement with AI. That means understanding what AI can and cannot do, deploying it where benefits outweigh risks, implementing safeguards that protect against known harms, and improving the human skills that effective defense ultimately requires. This approach treats AI as a valuable tool when used appropriately, and defenders’ professional responsibilities and ethical obligations demand its use in and out of the courtroom.
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Parity in Practice: The Defender’s Duty to Ethically Use AI
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