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AI in the Courtroom: The Case of a Misidentified Juice Box

The Case

An Australian driver is accused of violating Road Rules 2014 (NSW) Reg 300 by using a mobile phone while driving. Their defense: it was not a phone but a mistaken juice box. Defending the accused is Jeanette Merjane, a senior associate at Lander & Rogers.

AI in the Legal Arena

Also assisting the defense is an AI trained on legal documents. In a lecture hall at the University of Technology, Sydney, the SXSW Sydney session "Can AI Win a Court Case?" pits a human lawyer against NexLaw's Legal AI Trial Copilot. While Merjane has prepared her arguments traditionally, Copilot will generate a live defense to be read by a volunteer.

Current Applications of AI in Law

AI technology is already transforming legal practice. In 2023, Luminance automated contract negotiation, while a Brazilian lawmaker used ChatGPT to draft tax legislation. Chatbots like DoNotPay offer legal services, but its experiment to use its AI in a speeding case was canceled due to concerns about unauthorized practice of law.

Ethical Concerns

AI chatbots can answer legal questions quickly, but limitations such as hallucinations, where AI-generated content is presented as true, hinder their usefulness. Seasoned lawyers have even been misled by false AI information. In June 2023, attorneys were fined $5,000 for citing non-existent legal cases generated by ChatGPT.

AI as a Useful Tool

Despite these setbacks, some legal professionals are using AI effectively. Publishers' tools like LawConnect provide more confined information with sources and links, reducing hallucinations and making verification easier.

Future Potential of AI

Tronson acknowledges that AI tools may eventually improve. However, their usefulness remains uncertain, particularly given their environmental cost and potential consequences for legal errors. Yet, AI could enhance accessibility if used by organizations like Legal Aid and community legal centers.

AI in the Courtroom

At the SXSW Sydney battle, it was clear which defense was crafted by a human and which by AI. Copilot stumbled on legal citations and focused on irrelevant details.

AI as a Tool for Professionals

AI can be valuable for legal professionals, but it has limitations and ethical concerns. It remains to be seen whether AI will significantly improve accessibility and effectiveness in the legal system.